Health Care Jurisprudence and Health Justice: Procedural and Substantive Justice Dimensions

Abstract

The scope of the translation of health care jurisprudence into health justice is discussed in this chapter from the perspectives of procedural justice and substantive justice. The former relates to the procedural mechanisms for health care litigations, and the latter, to the outcomes of such a process, i.e. equality, dignity, and reinforced social citizenship. The empirical inputs from lawyers and judges, and the experiences of litigants on moving courts for justice in matters of health care, provide the key insights of this chapter. It will briefly delve into the challenges of the processes involved in achieving the ‘right to health care’ jurisprudence on the one hand, and, will critically analyse the contemporary juridico-legal mechanisms through which such jurisprudence is transformed into health justice for the marginalisedcitizens. Literature points to two key factors that stand out in understanding the processes of health care litigations. One, understanding the phenomena of health care litigations constitutive of its drivers, outcomes, and impact on health policy and programming in a given country. Two, a less explored dimension of processing health care litigations in (Indian) courts (as institutions) and the interface of judicial-administrative and socio-political processes in legalising entitlements. This chapter will reflect on the socio-political processes that impact litigations and influence the ecosystem of courts.