HC issues rule on ensuring universal health coverage, right to life

A public interest writ petition has been filed before the High Court challenging the alleged inaction and failure of the authorities to ensure the right to life and implement universal health coverage for all citizens in Bangladesh.

Following the petition filed by Barrister Nishat Mahmud on behalf of AKM Maksud, Aminul Islam, Advocate Syed Mahbubul Alam, and Seema Das Simu, the High Court on Monday issued a rule in this regard.

The High Court bench comprising Justice Bhishmadev Chakraborty and Justice Abdur Rahman issued the rule asking why the government’s failure and inaction in taking necessary steps to ensure universal health coverage and protect citizens’ right to life should not be declared illegal.

The court also asked why directives should not be issued to the government to take necessary measures in accordance with the law and why the Ministry of Health should not be directed to form an independent committee within one month.

The court further ordered that a progress report be submitted within three months, Mahbubul confirmed.

According to the petition, Articles 15, 18, and 32 of the Constitution make healthcare a mandatory responsibility of the state, but in practice this obligation has not been effectively implemented. As a result, millions of people across the country are being deprived of essential healthcare services and facing severe financial hardship.

The petition states that according to the definition of the World Health Organization, universal health coverage means ensuring that every citizen can access necessary and quality healthcare services without suffering financial distress.

However, despite the government’s own commitment to achieving universal health coverage by 2032, actual progress remains very limited.

The petitioners also cited research by two organisations showing that nearly 79% of healthcare expenses in Bangladesh are paid directly out of pocket by citizens. As a result, hundreds of thousands of families fall below the poverty line every year.

A large number of patients suffering from non-communicable diseases such as cancer, kidney disease, diabetes, and heart disease are reportedly being deprived of treatment because they cannot afford medical expenses.

The writ further stated that budget allocations for the health sector remain extremely low compared to the national budget and GDP, while a significant portion of allocated funds remains unused. It also highlighted that the doctor-to-population ratio in the country is 1:2000 and the nurse-to-population ratio is 1:5000, reflecting a serious crisis in the healthcare system.

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The petitioners argued that the Appellate Division, in several previous judgments, recognised health as a fundamental right and observed that the right to life extends beyond mere survival to include good health, dignity, and a decent standard of living.

They further said that effective implementation of universal health coverage would reduce the burden of disease, ease financial pressure on citizens, and ensure the constitutional right to life in a meaningful way.