A wake-up call

Update: 2023-02-27 13:18 GMT

Delivering the 19th Sir Ganga Ram Oration on the topic ‘A Prescription for Justice: Quest for Fairness and Equity in Healthcare’, Chief Justice of India DY Chandrachud highlighted a range of issues plaguing India’s healthcare system. CJI rightly articulated that the large number of litigations related to NEET and medical admission signifies the need for reforms in medical education. Looking at the volume and variety of pending cases related to NEET, one can certainly say that CJI’s words stated the obvious. Cases related to the postponement of NEET exams, counselling, fixation of quotas, admission disputes etc. have been pending in the Supreme Court of India. At the very outset, it needs to be clarified that introducing reforms to the medical admission process is neither a responsibility nor a prerogative of the judiciary — a fact so straightforwardly put forth by the CJI himself, “courts cannot enter policy domain and it is the duty of the state to listen to the representations made by the students.” In the wake of the state’s failure to deliver its duties in this regard, the judiciary feels it to be its “bounden duty” to intervene. It needs no retelling that medicine is one of the most sought-after professions in India. Last year, for NEET-UG exams, as many as 18,72,329 candidates registered themselves — the largest ever number of applications. The total number of registrations for 2021 was 15.44 lakh, of which at least 8.70 lakh students qualified. The exams last year were conducted in almost 500 cities, 14 of which are outside India. From Colombo to Dubai, the popularity of NEET examinations is on the rise. It is also one of the professions where the number of female candidates exceeds that of male candidates, generally. Such an important exam, with which aspirations and hopes of so many students are tied, cannot be left to be dragged on at a sub-optimal level. The CJI taking cognisance of the matter is a welcome thing but, at the same time, it is a wake-up call for the policymakers. The most important takeaway from CJI’s address was his emphasis on healthcare justice and equity. He said that “principles of justice underlie the practice of both law and medicine. Both these fields are concerned with fairness, equality, and the well-being of individuals and communities.” He further simplified, “in the field of health, justice requires that healthcare services and resources be distributed fairly and equitably." The argument that the confluence of law and healthcare can lead to a more holistic delivery of justice merits consideration. The decriminalisation of consensual sex between homosexual persons through the repeal of Section 377 of the Indian Penal Code is a textbook example of such justice. Another overlooked, or at least less articulated aspect of healthcare justice has been the impact of socio-economic inequities prevalent in society. CJI said that “social determinants of health, i.e., actors outside the healthcare system such as class, caste, gender, regional location often determine the health status of an individual.” The difficulties faced by the marginalised sections of society in accessing healthcare services are not hidden by anyone. The environmental impacts of pollution and unhygienic conditions on individual health were also factored in by CJI. Appreciably, he also didn’t miss out on talking about certain serious challenges faced by working healthcare professionals. He highlighted that the “dehumanisation of healthcare” has often resulted in violent confrontations between the citizens and hospitals, with medical professionals being caught in the crossfire. He also shed light on the “rest ethic” for medical professionals. CJI’s observations have put many issues plaguing medical education and practice in a single place. It is an opportunity for policymakers to take serious note of the highlighted issues and devise a multi-pronged strategy to address the same. The need to usher in innovation in the private healthcare system and structural changes in the public health system was highlighted. CJI also proposed to increase diversity in the recruitment of staff members to ensure healthcare equity. These proposals need to be incorporated into a comprehensive reform to streamline medical education in India.

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