Article 21 provides prisoners the right to access their medical reports: Bombay High Court

The Bombay high court ordered state prison administrators to assure that detainees who have been admitted to a hospital for a check-up acquire their medical records, examination results, and prescriptions administered, as is their constitutional right under Article 21.

Following the prison protocol, inmates are permitted to make a phone call with a registered family member after any appointment to the facility, as per a bench of Justices SJ Kathawalla and SP Tavade.

Formerly, the Bombay High Court discarded Sudha Bharadwaj’s medical petition in the Bhima Koregaon caste abuse dispute, after her counsel claimed that she had undergone medical attention. 

The decision was made after Ms. Bharadwaj’s daughter Maaysha Singh filed a criminal petition requesting temporary medical parole for her mother, who is being imprisoned at the Byculla jail and suffers from a number of comorbidities, making her vulnerable to contracting COVID 19.

The National Investigation Agency’s Additional Solicitor General Anil Singh and the state’s lawyer, YP Yagnik, objected to the appeal, arguing that Chaudhry had not submitted a PIL and therefore could not seek a general order.

The bench, on the other hand, agreed with Chaudhry’s argument that prisoners’ constitutional right to life, as secured by Article 21 of the Constitution, enables them to have access to their own health records.

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