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Right to know medical status of human beings can also be considered as a Fundamental Right: Punjab and Haryana HC

Seeks assistance of Punjab, Haryana and Chandigarh on measures taken about illegible writing by doctors.

Punjab and Haryana High Court said the right to know medical status of a human being can also be considered as a Fundamental Right under Article 21 of the Constitution of India.

Noting that the assistance of the National Medical Commission (NMC) is also required in the present case, the HC asked advocate Ravi Sharma, on the NMC panel, to assist the Court on the issue. (File Photo/Jasbir Malhi)

Finding it “surprising and shocking” that notes prescriptions by government doctors are written by hand which cannot be read by anybody, except perhaps by some doctors and chemists, the Punjab and Haryana High Court says it will not be out of place to note the right to know medical status of a human being can also be considered as a Fundamental Right under Article 21 of the Constitution of India.

Perusing the Medico-Legal Report (MLR) of a rape victim filed by the State of Haryana while hearing an anticipatory bail plea of the accused, the single bench of Justice Jasgurpreet Singh Puri said, “The handwriting in the aforesaid MLR is absolutely illegible and cannot be understood at all. It is very surprising and shocking to note that in this era of computers, the notes on medical history and prescriptions by Government Doctors are written by hand which cannot be read by anybody except perhaps some Doctors. This Court has also seen in a number of cases where even the medical prescription is written in such handwriting which nobody can read except perhaps some Chemists. The same is the position in the State of Punjab and probably in the UT, Chandigarh also.”

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Justice Puri said that “to have the knowledge about the medical prescription by the Doctor and the notes on the medical history is prima facie a right which is vested in the patient or the attendants to peruse the same and apply the mind, especially in today’s technological world.”

“It will not be out of place to even note that the right to know the medical status of a human being can also be considered a Fundamental Right under Article 21 of the Constitution of India. Health and the treatment given to a human being is a part of life and therefore, it may be considered as part of the Right to Life”, Justice Puri noted.

Taking serious note of the issue, the bench asked the Advocate Generals of Haryana and Punjab and the Senior Standing Counsel of Chandigarh, to assist “as to what remedial and corrective measures can be taken about the illegible writing on the medical notes and also on the prescriptions not only by the Government Doctors but also by the Private Doctors in both the States and the UT, Chandigarh”.

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“It deems it fit and proper to request the Advocate General, Haryana to assist this Court on this issue. Since this problem is rampant in the State of Punjab and probably in UT, Chandigarh as well, this Court is also of the view that the State of Punjab as well as UT, Chandigarh should also assist this Court in this regard,” the bench said.

Noting that the assistance of the National Medical Commission (NMC) is also required in the present case, the HC asked advocate Ravi Sharma, on the NMC panel, to assist the Court on the issue.

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Meanwhile, the HC appointed Advocate Tanu Bedi, as Amicus Curiae in the case to assist the Court.

The matter was adjourned for a hearing on February 13.

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