• Medical documents or medical history under right to privacy

Does right to privacy being a fundamental right authorizes my wife to refuse to give her personal medical documents to my Boss, who has demanded to see my wife's medical documents, as my wife has refused to attend any social events of office/ organisation owing to her medical condition. Further my wife does not wish to share her medical condition with anyone. My wife is not serving in same office and she does not come under the jurisdrictions of my Boss.

1. Is forcing my wife or asking her reasons not to attend social events (by my boss and his wife) a violation of right to privacy.
2.Under which article or clause of Indian constitution she can refuse to give her medical documents.
3.
Asked 4 years ago in Constitutional Law

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12 Answers

You can share confidential information without consent if it is required by law, or directed by a court,

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Wife can refuse to furnish her medical records

2) she is not governed by provisions of army act

3) she is not bound to disclose her personal health records

4) she can express her inability to attend social events

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Your boss has no right to ask to see her records If he does so it will amount to harassment of woman also article 21 of constitution provides that right to privacy is fundamental right and even state cannot infringe it also documents of medical records are covered under same. If your boss demands any record or harasses for Same lodge complaint with jurisdiction police or with state commission for woman.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

2..Under article 21 her medical document are her private affair and cannot be given or demanded or circulated by any other person this is breach of right to life.

1. Yes this is violation of her freedom and choice she can refuse as she has right under right to life to make her own free choices

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

Your boss is not your wife's boss and attending social events is a courtesy that is generally a respect for the persons who invite you. People attend social events when invited but there is no compulsion on the part of the person who is being invited to attend unless it is N official function and one has to attend.

Therefore your wife may not be comfortable when going to social events.

Right to privacy has now been declared a fundamental right and it flows from article 21 of the constitution of India.

Medical information is strictly private and it is between a patient and his doctor and a husband can have access to it for a normal relationship but nobody has any right to it.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1) Your boss is not entitled to ask your wife's health status it's her own rights to whom so ever provide details regarding it.

2) But your boss has rights to ask your wife's medical conditions certificate on one point if you are taking leaves in office each n every time by giving reason of your wife's health conditions is not good and remaining absent on duty.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Right to privacy has now been declared a fundamental right by a 9 judge bench of the Supreme Court. It is an integral component of Article 21 of the Constitution of India. So your wife can refuse to not only deliver her medical documents to anyone but also refuse to divulge any information pertaining to her medical history.

2. Asking her to not to attend the social events by your boss is tantamount to violation of her right to liberty under Article 21. She need not heed any such embargo placed on her right as she is not answerable to your boss.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Forcing your wife to attend social events in spite of the fact that the set person is not your wife's Boss amount to harassment of women at workplace and also infringes upon the fundamental right to privacy.

2. Article 21 of the Indian Constitution guarantees right to privacy as a fundamental right as per the recent Supreme Court judgement under which your wife can deny giving her medical documents to your boss.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

It is asking medical records in writing then you can file a defamation or harassment case on him

I hope it was a friend friendly call to ask for medical record to see that why she is not attending the official get together functions and you can politely request that season able to join this kind of get together

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Yes it is. But also note that the provisions encapsulated in the constitution of India is limited to the state i.e., the state can not infringe into your private life.

2. If the organization is a government organization then under article 21 or else also she may refuse to give under article 21.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

In some social functions, the families are called to attend. These normally happens in defence establishments. Non-appearance is viewed seriously and you may defend by approaching to AFT or high court. The right may be claimed under article 21 of Indian Constitution.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Forcing your wife to produce the medical document is not only violation of human rights but an offence under criminal laws.

2. She dont have to quote any law or section for refusing to part with her medical documents, she can simply refuse to produce them, she is not obliged top obey their dictates in this regard.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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