Messy Handwriting on Doc’s Prescriptions? HC Says It Violates Your Fundamental Right

The Punjab and Haryana High Court has recently held that “legible medical prescription and diagnosis” is an integral part of the Right to Health and is, therefore, a Fundamental Right under Article 21 of the Constitution of India.

Justice Jasgurpreet Singh Puri delivered the ruling while deciding an anticipatory bail plea, which unexpectedly brought to light a much larger issue. The case originally stemmed from allegations of job fraud, forgery and sexual exploitation, but during the proceedings, the Court discovered that the Medico-Legal Report on record was entirely illegible. This led the Court to take suo motu cognisance, expanding the scope of the matter from an individual bail plea to a systemic problem concerning medical recordkeeping.

“While looking at the Medico-Legal Report filed by the respondent State along with the reply as Annexure R-1, it shook the conscience of this Court as not even a word or a letter was legible,” the judge noted. When the matter came up for hearing, the Court expressed shock that in this era of technology and easy access to computers, medical histories and prescriptions by government doctors are still written by hand in a manner that cannot be read by anyone, sometimes not even by other doctors and certainly not by the Court.

It further observed that the right to know and understand a medical prescription or the notes on a patient’s medical history is inherently vested in the patient or their attendants. In today’s technological world, the right to know one’s medical status can be considered part of the right to life under Article 21, since health and the treatment given to a person are inseparable from the concept of life itself.

Courtpointed out that in today’s digital age, patients often cross-check prescriptions online, sometimes using AI tools. If a doctor’s handwriting is illegible, it blocks access to information and diminishes the value of available technology. The Court stressed that this is not about replacing a doctor’s wisdom with machines but about ensuring that every patient has the basic right to clearly understand the treatment prescribed to them.

"With introduction of Artificial Intelligence where all the curated information on any subject lies just a click away. 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," the Court said.

To address the problem, the Court issued a series of directions. It noted that the States of Haryana, Punjab and the Union Territory of Chandigarh had already issued advisories requiring doctors to write all handwritten prescriptions and diagnoses in capital letters until computerised or typed prescriptions are fully adopted. Therefore, the Court directed these governments to strictly enforce their own instructions and affidavits filed before it, ensuring compliance in letter and spirit. It also directed them, in coordination with their respective State Medical Commissions, to inform and sensitise doctors through awareness and training programmes.

It further directed the Union of India to act on its letter dated 28 May 2025 marked ‘X’ and issue a Gazette notification on minimum standards for medical prescriptions at the earliest. PGIMER was asked to implement its HIS-II medical software with an e-prescription “Doctor Desk Module” as soon as possible, preferably within two years.

Until prescriptions are fully computerised, doctors in Punjab and Haryana must continue writing prescriptions and diagnoses in capital letters. The States were also asked to frame a policy for typed prescriptions, with financial support for doctors if required, and to complete the transition within two years. The Union Territory of Chandigarh was directed to make similar efforts.

Finally, the Court directed the National Medical Commission to ensure that the importance of clear and legible handwriting in medical prescriptions becomes part of the curriculum in all medical colleges across India, stressing that a legible prescription is integral to the fundamental right to health under Article 21.

"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."

Case Title: XXXXX Versus State of Haryana

Order Date: 27 August 2025

Bench: Justice Jasgurpreet Singh Puri