HC issues rule over failure to ensure universal health coverage and right to life
The High Court Division of the Supreme Court of Bangladesh has issued a rule following a public interest litigation seeking directives to ensure citizens' right to life and implementation of Universal Health Coverage (UHC) in Bangladesh.
The rule was issuedby a High Court bench comprising Justice Bhishmadev Chakrabortty and Justice Abdur Rahman after hearing a writ petition filed by Barrister Nishat Mahmud on behalf of AKM Maksud, Aminul Islam, Advocate Syed Mahbubul Alam and Seema Das Simu today (18 May).
Following the writ petition, the court asked why the government's alleged inaction and failure to take necessary steps to ensure universal health coverage for all citizens should not be declared illegal and without lawful authority.
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The court also sought explanations as to why the government should not be directed to take necessary measures in accordance with the law and why the Ministry of Health should not be ordered to form an independent committee within one month to supervise, monitor and guide the implementation of universal health coverage, and submit a progress report to the court within three months.
The petition stated that although Articles 15, 18 and 32 of the Constitution of Bangladesh make healthcare a mandatory responsibility of the state, the provisions have not been effectively implemented in practice.
As a result, lakhs of people across the country are being deprived of essential healthcare services and facing severe financial hardship, it said.
Referring to the definition of the World Health Organization, the petition noted that universal health coverage is such a system that ensures access to necessary and quality healthcare services without financial suffering. However, despite the government's target to achieve UHC by 2032, actual progress remains very limited.
The petitioners also cited studies by the Centre for Policy Dialogue and the Bangladesh Institute of Development Studies, which found that around 79% of healthcare expenditure in Bangladesh is paid directly out of pocket by citizens, pushing many families below the poverty line every year.
It further said a large number of people suffering from non-communicable diseases, including cancer, kidney disease, diabetes and heart disease, are being deprived of treatment because they cannot afford medical expenses.
The writ also highlighted that budget allocations for the health sector remain very low compared to the national budget and GDP, while a significant portion of allocated funds remains unused.
It added that the doctor-population ratio in the country stands at 1:2000 and the nurse-population ratio at 1:5000, reflecting a severe crisis in the healthcare system.
The petitioners argued that the Appellate Division of the Supreme Court has recognised healthcare as a right in several previous judgments and that the right to life includes not only survival, but also good health, dignity and a decent standard of living.
They expressed hope that effective implementation of universal health coverage would reduce disease burden, lessen financial pressure on citizens and ensure the constitutional right to life in a meaningful way.
