Abstract

Access to health care is of paramount importance especially during a public health emergency. Covid 19 has made every country realize the need for a robust and agile healthcare system that adapt to the changing situations in a time sensitive manner. During this outbreak, we witnessed that the pace of containment is equally important to effective medical help. Every individual is entitled to an equal opportunity to benefit from any public health care system. Equality of opportunity in health care must necessarily account for both disparities between individuals having access to health treatments and those who have not. Access to health care is often compromised with poor services, deficient resources, lack of effective policies and legislations. Indian judiciary has recognised right to health as an unavoidable part of right to life under Article 21. State has constitutional obligation to ensure non-discrimination and provide for a decent minimum of healthcare to all its citizens especially for the most vulnerable populations such as children, older persons and those living with chronic conditions. States need to achieve the optical balance between fighting the Covid 19 pandemic and the maintenance of essential health services. There is also a need to check on as to how effective the health laws in India are in managing pandemics. This paper analyses to what extent equality of opportunity is been followed in public health care system and it also analyses the need for a more comprehensive legislation regarding access to public health.

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