The Punjab and Haryana High Court has held that legible medical prescription and diagnosis is a crucial aspect of the right to health, which is recognised as a fundamental right under Article 21 of the Constitution of India.
The Punjab and Haryana High Court ruled that “legible medical prescription and diagnosis is a crucial aspect of the right to health, which is a fundamental right under Article 21 of the Constitution of India.”
In a judgment delivered on August 27, Justice Jasgurpreet Singh Puri urged the National Medical Commission to promote the significance of clear handwriting in medical prescriptions as part of the medical curriculum across India.
The Court stated,
“This court is of the considered view that Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India encompasses the Right to Health, which further includes the Right to Know one’s legible Medical Prescription/Diagnosis/Medical documents and Treatment,”
The Court also instructed doctors in Punjab, Haryana, and Chandigarh to write prescriptions in capital letters until computerized or typed prescriptions become standard.
The Court noted that both Punjab and Haryana have stated that doctors will be required to write medical prescriptions and diagnoses in capital letters until the transition to computerization is completed.
It directed that efforts should be made to formulate a comprehensive policy focused on achieving this goal, including financial aid for clinical establishments and doctors if necessary. This initiative is to be completed within two years.
This ruling emerged after the Court took suo motu cognizance of the issue while reviewing a bail plea, during which it encountered an illegible medico-legal report.
Earlier this year, the Court had preliminarily asserted that patients possess a right to understand their medical prescriptions.
Although the Court sought assistance from the Indian Medical Association, no representative appeared on behalf of the organization.
In response to the ruling, the governments of Punjab and Haryana instructed all doctors to write prescriptions in capital or bold letters, with the Union Territory of Chandigarh adopting a similar position.
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In its final order, the Court emphasized the necessity of clear and ideally digital or typed medical prescriptions, particularly in today’s technologically advanced society where information is readily accessible.
The Court noted,
“Everyone in today’s time is well informed and aware of as to how technology can be put to use in their day to day lives. In such progression of informed citizens, it becomes likely for most of us to check the medical prescription/diagnosis which has been provided by the doctor in order to lookout for any relevant information which might be available regarding the same on digital platforms. This practice has been further aided by the introduction of Artificial Intelligence where all the curated information on any subject lies just a click away,”
The Court also pointed out that illegible handwriting creates gaps that lead to inefficiencies and diminish the benefits of available digital health technologies.
However, it reiterated that the expertise and professional skill of qualified doctors cannot be replaced.
The Court remarked,
“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,”
It concluded that unclear prescriptions endanger patient safety and quality of care, impeding access to treatment and the patient’s right to informed consent.
In its closing remarks, the bench stated,
“This 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.”
Previously, the Orissa and Uttarakhand High Courts had issued similar directives regarding legible medical prescriptions. In 2018, the Allahabad High Court had imposed a fine of Rs.5,000 on a state doctor for his “shabby handwriting” in a medico-legal report.
Advocate Tanu Bedi served as amicus curiae in this case, assisted by advocates Simran, Vibhu Agnihotri, Pushp Jain, and Hanima Grewal.
Deputy Advocate General Vishal Kashyap represented Haryana, while Advocate Karunesh Kaushal represented Punjab. Public Prosecutor Manish Bansal and Additional Public Prosecutor Sandeep Vashisht represented the Union Territory of Chandigarh, and Advocate Navjit Singh represented the Union of India.
Advocate Avinit Avasthi appeared for PGIMER Chandigarh, while Standing Counsel Ravi Sharma and advocate Raywant Kaushish represented the National Medical Commission.
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