The Rajasthan High Court has taken a stern stance against the state government's prolonged inaction in implementing a crucial healthcare law. On Monday, the court issued a formal notice to the government over its failure to frame the necessary rules under the Rajasthan Right to Health (RTH) Act, 2022, even after a lapse of two-and-a-half years since the legislation was passed.
Court Directs Government to Respond
A division bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma directed the state to file its reply within a period of eight weeks. The order came during the hearing of a public interest litigation (PIL) filed by Dr. Narendra Kumar Gupta, a resident of Chittorgarh. The PIL specifically seeks directives for the government to frame and officially notify the rules under Section 17 of the Act and subsequently present them before the state legislature.
Petitioner's Argument on Law Remaining Inoperative
Arguing the case for the petitioner, counsel Sudhindra Kumawat highlighted a critical legal gap. He contended that despite the Act receiving the Governor's assent over two-and-a-half years ago, the state administration has not formulated the mandatory rules and regulations. This failure, he argued, has left the landmark Right to Health Act largely inoperative, depriving citizens of its intended benefits and protections.
Implications of the Delay
The continued delay in notifying the rules undermines the very purpose of the legislation, which was enacted to guarantee and streamline access to healthcare services for the people of Rajasthan. Without these operational guidelines, the mechanisms for enforcement, grievance redressal, and defining the responsibilities of healthcare providers remain unclear. The court's intervention underscores the urgency of translating the law from paper into actionable policy that can impact public health on the ground.
The next hearing in this matter is expected after the state government submits its detailed reply to the High Court's notice, setting the stage for a crucial judicial push to activate the dormant law.
