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Noting that the assistance of the National Medical Commission (NMC) is besides required successful the contiguous case, the HC asked advocator Ravi Sharma, connected the NMC panel, to assistance the Court connected the issue. (File Photo/Jasbir Malhi)
Finding it “surprising and shocking” that notes prescriptions by authorities doctors are written by manus which cannot beryllium work by anybody, but possibly by immoderate doctors and chemists, the Punjab and Haryana High Court says it volition not beryllium retired of spot to enactment the close to cognize aesculapian presumption of a quality being tin besides beryllium considered arsenic a Fundamental Right nether Article 21 of the Constitution of India.
Perusing the Medico-Legal Report (MLR) of a rape unfortunate filed by the State of Haryana portion proceeding an anticipatory bail plea of the accused, the azygous seat of Justice Jasgurpreet Singh Puri said, “The handwriting successful the aforesaid MLR is perfectly illegible and cannot beryllium understood astatine all. It is precise astonishing and shocking to enactment that successful this epoch of computers, the notes connected aesculapian past and prescriptions by Government Doctors are written by manus which cannot beryllium work by anybody but possibly immoderate Doctors. This Court has besides seen successful a fig of cases wherever adjacent the aesculapian medicine is written successful specified handwriting which cipher tin work but possibly immoderate Chemists. The aforesaid is the presumption successful the State of Punjab and astir apt successful the UT, Chandigarh also.”
Justice Puri said that “to person the cognition astir the aesculapian medicine by the Doctor and the notes connected the aesculapian past is prima facie a close which is vested successful the diligent oregon the attendants to peruse the aforesaid and use the mind, particularly successful today’s technological world.”
“It volition not beryllium retired of spot to adjacent enactment that the close to cognize the aesculapian presumption of a quality being tin besides beryllium considered a Fundamental Right nether Article 21 of the Constitution of India. Health and the attraction fixed to a quality being is simply a portion of beingness and therefore, it whitethorn beryllium considered arsenic portion of the Right to Life”, Justice Puri noted.
Taking superior enactment of the issue, the seat asked the Advocate Generals of Haryana and Punjab and the Senior Standing Counsel of Chandigarh, to assistance “as to what remedial and corrective measures tin beryllium taken astir the illegible penning connected the aesculapian notes and besides connected the prescriptions not lone by the Government Doctors but besides by the Private Doctors successful some the States and the UT, Chandigarh”.
“It deems it acceptable and due to petition the Advocate General, Haryana to assistance this Court connected this issue. Since this occupation is rampant successful the State of Punjab and astir apt successful UT, Chandigarh arsenic well, this Court is besides of the presumption that the State of Punjab arsenic good arsenic UT, Chandigarh should besides assistance this Court successful this regard,” the seat said.
Noting that the assistance of the National Medical Commission (NMC) is besides required successful the contiguous case, the HC asked advocator Ravi Sharma, connected the NMC panel, to assistance the Court connected the issue.
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Meanwhile, the HC appointed Advocate Tanu Bedi, arsenic Amicus Curiae successful the lawsuit to assistance the Court.
The substance was adjourned for a proceeding connected February 13.
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