Can’t Read Your Doctor’s Prescription? It’s a Violation of Your Fundamental Rights: High Court

The Punjab and Haryana High Court has ruled that a legible medical prescription and diagnosis is an essential component of the right to health, which is protected as a fundamental right under Article 21 of the Constitution.

Justice J.S. Puri, issuing detailed directions to the Centre, Punjab, Haryana, and the Chandigarh Administration, called it “surprising and shocking” that in an era of technology and easy computer access, many doctors still write prescriptions and medical histories by hand in ways that only some in the profession can decipher.

The court had initiated suo motu proceedings in 2024, taking the prima facie view that patients’ right to understand their own prescriptions also forms part of their fundamental rights. The trigger came during the hearing of an anticipatory bail plea in an alleged rape case from Haryana, when the medico-legal report produced before the bench was found to be completely illegible.

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Government Responses

Haryana told the court that since May 27, 2025, all doctors have been ordered to write prescriptions and diagnoses in bold or capital letters until computerised prescriptions are fully implemented. Punjab issued similar orders on May 28, while Chandigarh’s March 2025 guidelines also require legible, capital-letter prescriptions. The Centre said it was considering national guidelines on minimum standards for medical facilities, including clarity in prescriptions.

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Court’s Findings

Justice Puri observed that illegible handwriting “creates a gap resulting in inefficiencies” and undermines the benefits of available digital health technology. Ambiguity in prescriptions, the court warned, can harm patients and weaken safety measures intended to prevent medical errors.

Referring to past Supreme Court and High Court rulings, the bench said the right to life and personal liberty under Article 21 “encompasses the right to health, which further includes the right to know one’s legible medical prescription/diagnosis/medical documents and treatment.” This interpretation, the court noted, enhances human dignity and aligns with evolving social norms.

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While acknowledging the dedication of doctors to public service, the court stressed that protecting patients’ fundamental rights was equally important.

Directions to Doctors and Authorities

The High Court ordered Punjab, Haryana, and Chandigarh to:

  • Ensure that all handwritten prescriptions and diagnoses are in capital letters until computerised systems are adopted.
  • Direct state medical commissions to hold regular sensitisation meetings with doctors.
  • Implement a policy so that within two years, all prescriptions in Punjab and Haryana are typed.
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The Union government has been asked to notify minimum standards for medical prescriptions in the official gazette at the earliest. The National Medical Commission has also been requested to revise the medical curriculum to stress the importance of clear, legible handwriting in prescriptions.

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