The order, delivered by Justice Jasgurpreet Singh Puri on August 27 (Wednesday) stemmed from an anticipatory bail plea in a case alleging cheating, forgery, and rape (Archive)What started as a routine anticipatory bail plea culminated in a landmark ruling on healthcare rights, with the Punjab and Haryana High Court declaring that legible medical prescriptions and diagnoses are an essential part of the right to health and, therefore, a Fundamental Right under Article 21 of the Constitution.The order, delivered by Justice Jasgurpreet Singh Puri on August 27 (Wednesday) stemmed from an anticipatory bail plea in a case alleging cheating, forgery, and rape. The complainant accused the petitioner of promising her a government job in exchange for money, conducting fake interviews, and sexually exploiting her. The petitioner denied the allegations, citing a consensual relationship and monetary disputes. The court, noting the petitioner’s cooperation and the payments being for an illegal purpose, granted anticipatory bail without commenting on merits of the case.The turning point: illegible handwriting in medical reportsWhat transformed the case was the court’s suo motu observation on the illegibility of the medico-legal report. “While looking at the medico-legal report filed by the respondent-State along with reply as Annexure R-1, it shook the conscious of this Court as not even a word or a letter was legible,” the order recorded. A similar issue surfaced in another case, where clinical notes were “totally illegible.”“It is very surprising and shocking to note that in this era of technology and accessibility of computers, the notes on the medical history and on the prescriptions by the Government doctors are still written by hand, which cannot be read by anybody except perhaps some chemists,” Justice Puri observed.Further observing that “the right to have knowledge about medical prescription issued by a doctor, and the notes on the medical history is prima facie a right vested in the patient or the attendants,” Justice Puri linked it to Article 21: “The right to know the medical status of a human being can also be considered a Fundamental Right under Article 21 because health and treatment given to a human being is a part of life”.Terming the issue “serious and important,” the court sought inputs from the Advocate Generals of Punjab, Haryana, and Union Territory of Chandigarh, the National Medical Commission (NMC), PGIMER, and the Indian Medical Association (IMA). Advocate Tanu Bedi was appointed Amicus Curiae, facilitating responses including suggestions by IMA president Dr Dilip Bhanushali..Affidavits revealed that Haryana had directed doctors to use capital letters or typed prescriptions; Punjab had mandated legible or typed formats; and Chandigarh had circulated advisories to private clinics and IMA branches. PGIMER reported progress on its HIS-II software for digital prescriptions.Story continues below this adFraming the issue as whether legible prescriptions and diagnoses are part of the Right to Health, the court stressed: “The importance of legible and preferably digital/typed medical prescription has become important and indispensable especially in the present era of technological advancement where every information is accessible and available by a click on a screen… The problem of illegible handwriting creates a gap resulting in inefficiencies and further limits the potential benefits of digital health innovations.”Citing Odisha and Uttarakhand High Court precedents and NMC guidelines, the bench warned of risks like medication errors, legal complications, and barriers to patient autonomy.In push towards legible handwriting and digitalization, Justice Puri issued the following directions:*Punjab, Haryana, and UT Chandigarh must ensure handwritten prescriptions are in capital letters until computerization; doctors must be sensitized through district-level meetings under Civil Surgeons.Story continues below this ad* The Union of India shall issue a Gazette Notification for minimum standards based on inputs dated May 28, 2025.*PGIMER shall implement its HIS-II e-prescription system within two years.*Punjab and Haryana shall frame policies for complete digitalization, with financial assistance to clinical establishments, within two years; UT Chandigarh to follow suit.*NMC shall incorporate the importance of legibility in medical curricula nationwide, recognizing it under Article 21.Story continues below this adAppreciating the medical fraternity’s role, the court stressed public rights and listed the case for compliance after a year.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Punjab and Haryana High Court