HC: Legible medical prescription is a fundamental right
Chandigarh, Aug. 31 -- The Punjab and Haryana high court has ruled that legible medical prescription and diagnosis is an integral part of right to health and is thus a fundamental right under Article 21 of the Constitution of India.
While issuing a slew of directions to the Centre, Punjab, Haryana and Chandigarh administration, the single-judge bench of justice JS Puri has said that it is very surprising and shocking that in this era of technology and accessibility of computers, the notes on the medical history and on the prescriptions by the doctors are still written by hand and can't be read by anybody except some doctors.
The court in 2024 had initiated suo motu proceedings while taking a prima facieview that the right to have knowledge about medical prescription issued by a doctor can also be considered as a fundamental right and had sought responses on the issue from the Centre, Punjab, Haryana and Chandigarh.
The August 27 judgment came on an anticipatory bail plea of an accused in an alleged rape case reported in Haryana on the pretext of providing job. When the medico-legal record was summoned, the court found that "not even a word or letter was legible".
Haryana had told court that on May 27, 2025, the government had given instructions that all diagnosis/prescriptions shall be written in capital/bold letters by all doctors till the time computerised/typed prescriptions are adopted with a further direction to all the civil surgeons to ensure that all the doctors under their jurisdiction implement these instructions in letter and spirit. Punjab had also issued similar instructions on May 28.
The Centre had told court that it is also considering the issue with regard to minimum standards of facilities and services by considering issuing of necessary guidelines. The Chandigarh administration had told the court that in March 2025, guidelines were issued for prescribing medicines legible in capital letters.
"The problem of illegible handwriting creates a gap resulting in inefficiencies and further limits the potential benefits of digital health innovations and technology which is readily available...Illegibility leads to ambiguity and confusion which can in turn take on a patient's life or health," the court noted, adding that another challenge is that inaccurate or ambiguous prescriptions weaken the effectiveness of safety nets which are result of technological advancements, increasing the likelihood of adverse impact on patients.
The bench underlined that the right to life must be interpreted in such a manner as to enhance human dignity and realise human worth. Therefore, it is the duty of the courts to realise the constitutional vision of equal rights in harmony with changing social norms and society, it said.
".right to life and personal liberty guaranteed under Article 21 of the Constitution encompasses the right to health, which further includes the right to know one's legible medical prescription/diagnosis/medical documents and treatment," it held after taking note of various judgments by the SC and HCs underlining importance of clearer medical prescription without any room for ambiguity or interpretation.
The court stressed that it had highest respect and regard for doctors and the medical profession, acknowledged their dedication to national service but at the same time, it is equally important to ensure that the fundamental rights of the people are duly safeguarded.
Now, the directions have been issued to Haryana, Punjab and Chandigarh to direct all doctors that in case of handwritten prescription slips and diagnosis, all medical prescriptions/diagnosis shall be written in capital letters till the time computerised/typed prescriptions are adopted. They have also been asked to coordinate with the state medical commission to sensitise doctors and hold periodic meetings.
The Centre has been told to notify minimum standards for medical practitioners in the gazette, which it said was being put in place, as expeditiously as possible. The court also said a policy must be put in place so that in the next two years' doctors are able to give out typed diagnosis to patients....
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