Healthcare Law And Policy Conflicts In India: A Study Of Rajasthan

Abstract

Healthcare governance in India exists at the intersection of constitutional law, statutory regulation, public policy, medical ethics, professional accountability, and service delivery. Although the Indian constitutional framework has progressively recognised health as an essential element of the right to life under Article 21, the practical implementation of healthcare rights continues to face serious legal, institutional, administrative, and financial challenges. The conflict between healthcare law and health policy becomes visible when legal rights are declared without adequate infrastructure, when public health schemes are implemented without enforceable remedies, when private healthcare establishments are expected to fulfil public obligations without clear reimbursement mechanisms, and when patients seek accountability within a fragmented regulatory system. Rajasthan provides a significant case study because it has attempted to move towards a rights-based health framework through the Rajasthan Right to Health Act, 2022. The Act represents an important legislative development in India’s health rights discourse, but its implementation raises complex questions regarding emergency care, duties of private hospitals, State responsibility, grievance redressal, health financing, and regulatory capacity. This article critically examines healthcare law and policy conflicts in India with special reference to Rajasthan. It analyses constitutional principles, statutory provisions, judicial decisions, public health policies, patient rights, medical negligence jurisprudence, private sector regulation, digital health, and governance challenges. The article argues that healthcare reform in India requires an integrated rights-based governance model supported by adequate public investment, transparent regulation, participatory rule-making, strong grievance redressal, digital safeguards, professional accountability, and equitable service delivery.