The Bombay High Court has observed that prisoners have a right to their medical records under right to life under Article 21 of the Indian Constitution. The vacation bench of Justices SJ Kathawalla and SP Tavade said that medical records include test results, prescribed medicines and upon such request made by the prisoner, prison officials should provide the same.

This observation was made by the bench while hearing a petition filed seeking medical attention for lawyer and activist Sudha Bharadwaj, accused in the Bhima Koregaon case. The bench further stated that prisoners should be allowed to make a phone call to an approved family member after any hospital visit.

Advocate Yug Chaudhry informed the court that after filing the petition, Bharadwaj had received medical attention, and thus, was not pressing for interim bail. Bharadwaj’s daughter, Maaysha Singh had filed the petition under Article 226 of the Constitution stating that her 60 year old mother had diabetes, hypertension, ischemic heart disease and pulmonary tuberculosis history, and that 3 of her co-prisoners had tested positive Covid-19. The family had also raised grievance that they were not given access to Bharadwaj’s medical records and neither were they allowed to speak to her after hospital visits.

Chaudhry brought to the court’s notice that this situation was faced by all prisoners, and if medical records are provided on request, it would cut down litigation as well. While ASG Anil Singh appearing for NIA submitted that it was for the state government to take the decision, he said that such facility should be extended only to Bharadwaj and not all prisoners.

The court, however, ordered that Bharadwaj’s family be given access to her medical records and she be allowed a phone call with a family member after hospital visit and also observed that all prisoners were entitled to the same as it is part of right to life under Article 21 of the Constitution.

The order may be read here:

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