Prisoners have right to medical records: Bombay HC while hearing Elgaar Parishad accused Sudha Bhardwaj's plea

Hearing a petition by Elgaar Parishad case accused Sudha Bharadwaj's daughter seeking her temporary release from prison on medical grounds, the Bombay High Court held that prisoners have a right to their own medical records.

The Bombay High Court on Friday held that prisoners have a right to their own medical records, and that it includes information on the tests and medicines given to them. The bench of Justice SJ Kathawalla and Justice SP Tavade also said that the prisoners are entitled to make a phone call with an approved family member after any visit to the hospital by following the prison protocol. The court was hearing a petition of Elgaar Parishad accused Sudha Bharadwaj's daughter Maaysha Singh. Singh's lawyer, Yug Chaudhry, informed the court that after filing the petition and after the order passed in the previous hearing, Bharadwaj was taken to the hospital outside the prison and was now receiving treatment. Since she was getting treatment, Chaudhry did not press for the second request for bail on medical ground. However, Chaudhry submitted that in order to cut down on the number of petitions being filed in the high court, he wanted to make few suggestions to the courts. He said that prisoners have a right to their own medical record. Copies of the test reports and medicines prescribed should be given to them. Courts could allow one phone call to the prisoner with an approved family member or lawyers after a hospital visit so that they can be consulted, he said.