• Is commanding officer of a person authorized to ask individual to put up his wife's medical paper

I am serving in defense forces. My wife is usually unwell due to a gynecological problem which she does not to want to disclose to anyone. Recently a senior officer has passed a remark about my wife's health for which I have put up an application against that officer to my Commanding Officer, however the commanding officer demanded my wife's medical document which she doesnot want to submitt as she does not want to get her medical problem become public.
my questions are:
1. Is commanding Officer/ Boss of an organisation authorized to ask for the medical documents of wife of an employee under him.
2. Can my wife refuse to give her medical documents as she does not work under him and has no obligation towards my boss.
3. Is asking for personal medical documents of my wife a violation of her individual/ personal rights
4. Under which clause/ section of Indian constitution can I/ she refuse to give her personal medical documents.
5.Does asking of personal medical documents or forcing to submit her medical documents leads to violation of fundamental rights of an individual.
Asked 4 years ago in Constitutional Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

1)is your commandijg officer is medical doctor? If so you can't without the spouse's consent.

Even if you weren't a medical doctor, it is not done to share such sensitive and personal information without the person's explicit permission.

2)yes your wife can refuse to give her medical documents reports to any one.

3)The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) wife can refuse to give her medical documents

2) she is not governed by army act and can refuse to furnish her personal details

3) if wife illness comes in way of officer discharging his official duties can CO demand officer wife medical records

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Your commanding officer has no right to ask your wife medical records if he does so or takes any action against you can approach high court by filing writ petition. Secondly since she is not under the service of defense forces the authority has no right to seek for her reports and Same is protected under article 21 of Indian constitution. If they insist then it's advisable to send them a legal notice through lawyer. Also complain to higher authorities against the commanding officer.

Initiate a defamation proceedings and lodge complaint with police against your senior officer who passed remarks against your wife.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. No he can not ask for the personal medical documents of wife.

2.yes she has right to refuse for her own private medical documents

3. yes it is violation of article 21.

4. Article 21 right to life and personal liberty.

5. Yes if the person is not authorised it is.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The CO has no authority to seek details of the medical ailment of your wife. Your wife has the right of privacy and she can refuse to disclose it to anyone. Your wife is not liable to report to CO as she is not in service.

2. The Supreme Court has ruled now that right of privacy is a fundamental right and is a concomitant of Article 21 of the Constitution of India. Therefore, she can refuse to divulge any information.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

No person can ask for medical documents for the family members of the employee as it is barred by law.

Your wife can definitely refuse to furnish your medical documents to your boss as she does not work for him and is no way answerable to him as it infringes upon fundamental right to privacy guaranteed under article 21 of the Indian Constitution.

It is definitely a violation of fundamental right of privacy of individual and you should first try to sort this out amongst yourselves as your senior can cause problems to you being your superior in the Defence force.

If these things don't get resolved amongst yourselves, you should approach higher officials of the Defence Services.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. If you have raised a complaint and the officer has to ascertain the same then he may ask for the documents.

2. Yes she can refuse.

3. No

4. Article 21, also no one can force her to produce. Failing to produce the same your application will be dismissed and no action will be taken.

5. No violation per se

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

In case you have put up the application against the officer/superior, you are required to substantiate the allegations. The CO may ask for it. However, you may deny it citing proper reasons. It is also possible that better medical treatment may be provided to her.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. The commanding officer cannot ask for such documents in the usual and routine circumstances.

If he suspects some dreaded and infectious disease then he can order for an inquiry under which she may be subjected to medical examination and the medical records may be procured for analysing the disease which may be harmful to others within the camp.

Thus he cannot directly demand the same, you can refuse the same and may make a representation in writing to the officer above the commanding officer and vent out your grievances.

2. Yes, she can very well refuse.

3. Yes.

4. She do not have to any law, it is simply violation of human rights.

5. It is violation of human rights

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer