Madras HC Issues Notice to Centre, State on Plea seeking Digitisation of Medico-legal documents

Published On 2022-10-05 04:00 GMT   |   Update On 2022-10-05 04:00 GMT

Chennai: While considering a plea seeking digitisation of medico-legal documents, the Madras High Court recently issued notice to the Central and State Government and sought their response in this regard.Last month, while considering the Public Interest Litigation (PIL) filed by Tiruchy-based physician Dr Mohammed Khader Meeran, the Madras High Court first bench comprising of Acting Chief...

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Chennai: While considering a plea seeking digitisation of medico-legal documents, the Madras High Court recently issued notice to the Central and State Government and sought their response in this regard.

Last month, while considering the Public Interest Litigation (PIL) filed by Tiruchy-based physician Dr Mohammed Khader Meeran, the Madras High Court first bench comprising of Acting Chief Justice T Raja and Justice D Krishnakumar issued notice in the matter, returnable by four weeks, reports TNIE.

Seeking computerisation of medical records having legal importance, the petitioner informed the HC bench about the Medico Legal Examination and Postmortem Reporting (MedLeaPR), a software developed by the National Informatics Centre (NIC).

Several states and union territories of India are currently using this software for issuing medico-legal reports and certificates digitally and for storing the data in the encrypted form in the cloud.

Filing the PIL, the petitioner urged the court for issuing direction upon the Central and State Government to implement this software in all government hospitals, and Centrally-funded hospitals under the control of the family welfare, labour, and ESI departments of the Central government.

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The petitioner also demanded that all the practising doctors receive training for using MedLeaPR Software for digitisation of medical certification of the cause of death and other reports/certificates.

It was contended by the petitioner that documents such as Inquiry Report, Post-Mortem Report (including viscera/chemical analysis report), report of examination after Sexual assault, age estimation reports are important documents and they have legal importance as well. Referring to this, the petitioner contended that digitalisation of these documents would help increase the efficiency of hospital administration, governments and the judiciary.

As per the latest media report by Live Law, earlier, the HC bench had issued directions in this regard and asked the State for implementing the software in Tamil Nadu within January 1st 2021. However, even after more than one year, the State authorities have not made any attempt for implementing the scheme, submitted the petitioner as he referred to the fact that the State does not have any standard proforma.

In this context, the petitioner also pointed out that the present proforma does not comply with the standards prescribed by the Apex Court while passing the judgment in the case of Samira Kohli Vs Dr. Prabha Manchanda & Anr.

The New Indian Express adds that the petitioner contended that it is a very important task for the Health Department to conduct medico-legal examination of a person involved in an accident, assault etc. Police also investigates these reports which are also vital for individuals, institutions, physicians, those authorising burial, police, judiciary, insurance companies etc. Referring to this, the petitioner stressed upon the importance for issuing these documents in a legible, readable format for getting justice and issue/store them in an encrypted manner to ensure that these documents are not being manipulated by unauthorised person.

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