Punjab & Haryana HC Frowns Upon Illegible Medical Prescriptions, Says Prima Facie Patient Has Fundamental Right To Know Medical Status

The Punjab and Haryana High Court has said that right to know the medical status of a human being is a facet of fundamental right under Article 21 of the Constitution.

The Court was “shocked and surprised” to note that in this era of computers, “the notes on the medical history and on the prescriptions by the Government Doctors are written by hand which cannot be read by anybody except perhaps some Doctors.”

Justice Jasgurpreet Singh Puri said,  "...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 mind especially in today's technological world. It will not be out of place to even note that right to know the medical status of a human being can also be considered as 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 Right to Life."

The development came while hearing a pre-arrest bail plea wherein the Court was perusing a Medico-Legal Report (MLR) of a rape victim filed by the Haryana Government.

The Court highlighted that 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.”

Justice Puri noted that the Court has 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.”

Considering the seriousness of the issue, the Court requested the Advocate General, Haryana to assist it Court on this issue. 

While noting the problem is rampant in “Punjab and probably in U.T., Chandigarh as well”, the Court sought assistance of the State of Punjab as well as U.T., Chandigarh.

“This Court therefore requests the learned Advocate General, Punjab and the learned Senior Standing Counsel, U.T., Chandigarh to also assist this Court on the aforesaid issue as to what remedial and corrective measures can be taken with regard to 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 U.T., Chandigarh,” it added.

While adjourning the matter to February 13, the Court sought assistance of National Medical Commission.

Mr. Aditya Sanghi, Advocate for the petitioner.

Mr. Vishal Kashyap, DAG, Haryana.

Mr. M. S. Randhawa, Advocate for respondent No.2.

Title: XXX v. State of Punjab