Punjab High Court Insights: Medical Prescription Upheld as a Fundamental Right.

Introduction:

In the recent Ruling of Punjab and Haryana Court has held that the Right to receive a legible medical prescription and diagnosis is fundamental rights under article 21 of Indian Constitution. It began with the application of anticipatory bail which turned into a significant healthcare decision. The court emphasized how important clear and legible are for right treatment and safety of patient. Direct the Doctors to write the medical prescription in Capital letters. Unless a fully digital prescription system is placed. 

Medical prescriptions as part of citizens’ Fundamental Rights under Article 21.

Background:

The matter originated from an anticipatory bail plea in a case involving serious allegations of cheating, forgery, and rape. The complainant alleged that the petitioner had promised her a government job in exchange for money, conducted fake interviews, and sexually exploited her. In defense, the petitioner denied the charges, claiming the relationship was consensual and that the dispute centered around financial transactions. Taking into account the petitioner’s cooperation during the investigation and noting that the payments were allegedly made for an illegal purpose, the Court granted anticipatory bail, without commenting on the merits of the case. 

An Anticipatory bail application has been filed in the case which involved the serious allegation of Cheating, forgery and rape. The allegation against the petitioner was that he had promised her a government job in exchange for money, conducted fake interviews, and sexually exploited her. The petitioner denied all the allegations, stating that it was consensual relation and conflict involves monetary exchange. The court considers petitioners cooperation in investigation and noticing that payments are made for the illegal purpose, hence court granted the anticipatory bail. However, The Case took interesting turn when Court takes a Suo-Moto Cognizance on illegibility of a medico-legal report presented at the time of hearing. The Court worried about the lack of clarity in important documents and required the response of Punjab, Haryana, and the Union Territory of Chandigarh. State informed the court already directed the doctors to write in capital or bold letters until a comprehensive digital or typed prescription system installed. 

Punjab High Court insights on Medical Prescription as a Fundamental Right: 

The Court directs the Punjab; Haryana State and the Union Territory of Chandigarh to work together with their State Medical Commissions to educate them about the issue and conduct the regular meetings at the district level, supervised by the Civil Surgeon. And make policy for using computerized or typed medical prescriptions which also includes the financial help to clinics or doctors.  

Court instructs the union government to comply the suggestions of Under Secretary to the Government of India and issued the notification of medical prescription in Official Gazette. And command PGIMER to complete the medical software system which includes the e-prescription function within 2 years. Further Court noted that unclear prescription makes it hard for the patient to understand the treatment and Healthcare AI tool also required accurate and clear photo. 

Justice Jasgurpreet Singh Puri added that, "The issue involved herein is not an issue of substitution which otherwise could be counter productive to the health of patients, but the issue involved is only a right to know about the treatment being carried on towards him. Illegibility leads to ambiguity and confusion which can in turn take on a patient's life or health," 

Court Concluded that,  

“Court holds highest respect and regard for doctors and the medical profession, acknowledging their dedication to national service but at the same time, it is equally important to ensure that the Fundamental Rights of the people of India are duly safeguarded” 

Conclusion: 

The High Court introduced the new fundamental right i.e. legible medical prescriptions come as an internal part of article 21. Court takes a significant step to ensure that doctor write clear prescription and use the e-prescription system which helps the patients to understand the treatment. The court shows respect to the medical profession and emphasized that in the digital world citizens must be able to access their own health information. 

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