ISSN – 2349-8285 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW STUDENT LAW REVIEW VOLUME 6 2020 ISSUE 1 STUDENT LAW REVIEW Theme: “HEALTHCARE IN INDIA: TRACING THE CONTOURS OF A TRANSITIONING REGIME” © Rajiv Gandhi National University of Law, Punjab, 2020 ISSN: 2349-8285 ISSN: 2349-8293 (Online) Website: www.rsrr.in Published by: The Registrar Rajiv Gandhi National University of Law Sidhuwal - Bhadson Road Patiala – 147001 Punjab, India www.rgnul.ac.in © Rajiv Gandhi National University of Law, Punjab, 2020 Disclaimer: All submissions submitted to the review are our exclusive copyright. However, the submissions may be freely reproduced either partially or in their entirety after obtaining the due consent. All permissible usages under the doctrine of fair use may be freely undertaken, without obtaining such consent. However, in either of the cases, the requisite attribution must be done. Moreover, the reproduction must be for non-commercial purposes, however, we may waive this, if we deem it to be befitting. The submission may be altered, distorted, built upon or transformed in any manner whatsoever, without our express consent. The consent may be obtained by sending a mail addressed to the editorial board at [email protected]. The work licensed to you may not be further transferred to a third party, without obtaining our consent. In case of a breach of these conditions, the license to reproduce the submissions will be terminated by us, and any subsequent usage of the said material will not be permissible. Cite this Volume as: 6(1) RSRR <Page Number> (2020) Page | i RGNUL Student Research Review Rajiv Gandhi National University of Law VOLUME 6 ISSUE 1 Theme: “HEALTHCARE IN INDIA: TRACING THE CONTOURS OF A TRANSITIONING REGIME” 2020 Page | ii PEER REVIEW BOARD Dr. Subhadra Rai Adjunct Associate Lecturer, School of Nursing Midwifery, Griffith University, Singapore. Dr. Amar Jesani Independent Researcher and Teacher (Bioethics, Public Health), Co-founder of Forum for Medical Ethics Society and its journal, Indian Journal of Medical Ethics. Prof. T.V. Subba Rao Visiting Professor, National Law School of India University, Bangalore. Dr. Prashant S. Desai Assistant Professor, National Law School of India University, Bangalore. Dr. Liji Samuel Assistant Professor, The National University of Advanced Legal Studies, Kochi Kashish Aneja Consultant, O'Neill Institute for National and Global Health Law, Georgetown University, Washington DC Akshat Agarwal Research Fellow, Vidhi Centre for Legal Policy, Delhi Page | iii BOARD OF EDITORS PATRON IN CHIEF PROF. (DR.) PARAMJIT S. JASWAL VICE CHANCELLOR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB PATRON PROF. (DR.) NARESH KUMAR VATS REGISTRAR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB FACULTY EDITOR PROF. (DR.) ANAND PAWAR PROFESSOR OF LAW, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Page | iv EDITORS- IN- CHIEF Aryan Babele Shrey Nautiyal EXECUTIVE EDITOR SENIOR EDITORS Arjun Gaur Anandita Bhargava Sahastranshu Smita Gupta JUNIOR EDITORS ASSOCIATE EDITORS Aditya Vyas Faiz Uddin Ahmad Sehaj Singh Cheema Kavya Jha Stuti Srivastava Malveka Nautiyal Tathagat Tiwari Palak Kapoor SENIOR DIGITAL EDITOR JUNIOR DIGITAL EDITOR Vineet Gupta Sanidhya Parashar RESEARCH ASSISTANTS EDITING ASSISTANT Bhumija Upadhyay Abhijeet Vaishnav Chahat Gautam Shivali Shah Page | v ABOUT THE COLLABORATORS Arogya Legal Medical Students Association of India Arogya Legal is a firm of specialists who advise on laws that apply to health-focused businesses such as pharma, medical device, food and The Medical Students cosmetics which operate in a Association of India (MSAI) is a highly regulated environment. non-government organization of, for and by medical students The firm is driven by a common of India, founded in October mission – to deliver superior 2011. MSAI was adopted as the legal services in the shortest 100th National Member possible time-frame to health- Organization (NMO) of the focused businesses and its International Federation of professionals. The conviction in Medical Students Association their ability stems from the deep (IFMSA) on 6th March, 2012 at understanding of the law and its Accra, Ghana. It is India’s first application, insight into the and largest nationally and working of the industry and internationally represented significant experience derived federation, comprising from involvement in numerous over 20,000 medical students legal cases. across the country. They span over 22 states and 4 Union The firm takes great pride in Territories in India (as of this finding simple, innovative and writing). workable solutions to the most demanding and complex legal As an organization, MSAI strives issues that is faced by health- to provide its members with focused businesses from time to numerous opportunities to time. develop themselves as global health leaders of today and tomorrow. They follow the principle of ‘Think Globally, Act Locally’. MSAI works with issues that matter the most to the nation's youth by empowering the medical students and improving the health of the country with meaningful youth participation Page | vi AIM OF THE JOURNAL An established healthcare system is akin to an oiled machine driving the wheels of growth. It is not only necessary for the expansion of the economy but also for its sustenance and survival. In the absence of accessible healthcare, the entire workforce of a nation can be rendered handicapped. In India primarily through centrally-sponsored schemes the Centre has played a crucial role in providing healthcare along with the support from private parties, inspite of health being a State subject. Modern healthcare started in the post-independent era, with the establishment of the Ministry of Health. Since then, the government has invested lakhs of crores of rupees, majority of which came through the five-year plans, wherein public health has constantly been one of the most important focuses. Notwithstanding the above-mentioned investment, there is a huge disparity between healthcare accessibility in rural and urban areas. However, it is expected that the existing paradigm is set to change. The rise of the Indian middle class saw healthcare become one of India's largest sectors, not only in terms of turnover but also in terms of the employment opportunities it generates. With the government’s push for foreign investment, healthcare market in India is expected to reach US$ 372 billion by 2022, driven by rising incomes, greater health awareness, lifestyle diseases and increasing access to insurance.1 Apart from that, the medical devices market is also simultaneously expected to reach US$ 11 billion.2 Although healthcare services offered by the private sector have largely eluded majority of the population, it has been successful in attracting patients from beyond the borders. While the discourse is upon the changing dynamics of the healthcare system, it is imperative to highlight the recent actions taken by the government, both at the state and central level. Launched in 2018, the 'Pradhan Mantri Jan Arogya Yojana’, a nationwide insurance scheme, nears completion of its first year with treatments worth Rs. 7500 Crores carried out in 47 lakh hospital treatments.3 Manifold reforms in the medical education and institution sector are set to begin with the passing of National Medical Commission Act, 2019 and 1 Healthcare Industry in India, IBEF, at https://www.ibef.org/industry/healthcare- india.aspx, last accessed 30 /9/2019). 2 Ibid. 3 Ayushman Bharat Scheme Commended By UN, World Bank: Harsh Vardhan, NDTV (13/9/2019), at https://www.ndtv.com/india-news/union-health-minister-harsh- vardhan-ayushman-bharat-scheme-commendedby-united-nations-world-health-2105906, last seen on 12/10/2019. Page | vii awaited status of National Commission for Indian System of Medicine Bill, 2019, the National Commission for Homoeopathy Bill, 2019 and the Allied and Healthcare Professions Bill, 2018. More recently, the Rajasthan government awaits the “Right to Health” Act to be tabled. World Health Organization (“WHO”) recognizes access to essential medicines as part of the ‘Right to Health’.4 Access to government approved medicines for a comprehensive recovery is the right of every citizen of this country. Issues surrounding manufacture, sale & distribution of medicines/drugs transcend well beyond constitutional rights, into the dominion of intellectual property in the form of patents balancing IPR rights with regard to accessibility. Healthcare system is incomplete without the mention of mental healthcare. The Mental Healthcare Act of 2017 is an example of this concept gaining recognition in India. The misconceptions surrounding mental health and terming issues related to it as disorders has led to it still being considered a taboo in India, resulting in those revealing their conditions to be ostracized or discriminated against. A brewing issue at both, national and international level, arena of mental healthcare remains unexplored. In the present scenario, it becomes pertinent to understand its basic concept and work on making necessary changes in the system catering to their specific needs. While coursing through a plethora of incumbent issues in healthcare, few perennial questions along with contemporary ones arise for deliberation. In spite of considerable investments and funding over the years, India lags behind in healthcare accessibility, benefits remain unreachable and funds go unutilized. For charting the route for an accessible and efficient healthcare system it is utmost necessary