Bombay HC: In Domestic violence Act proceeding, domestic violence is not to be substantiated by police complaints and medical record

In the cross examination all that is sought to be brought on record is that there are no police complaints and no medical record. In cases of domestic violence, it is not necessary that the acts complained of are required to be substantiated by documentary evidence in form of medical records or police reports. It is well known that as the marriage is subsisting, more often than not there is no police complaint filed and the physical abuse may not be to such an extent so as to require hospitalization, in which case the medical record would substantiate the abuse. It needs to be noted that although the provisions of Cr. P.C. govern the proceedings, the remedies are civil remedies and the usual standard of proof beyond reasonable doubt applicable to criminal offence is not required to be applied. Considering that even verbal or emotional abuse constitutes domestic violence, the deposition of respondent no. 1 establishes that apart from the physical abuse there was emotional and verbal abuse at the hands of the Applicant. It is well known that abuse in a matrimonial relationship usually occurs within four walls of the house and is confined to the two parties. It is very rarely that such incidents occur in presence of eye witnesses and the evidence has to be accordingly assessed. I do not find any infirmity in the findings of the Courts which have rightly appreciated the evidence to come to a finding of domestic violence. {Para 73}

 In the High Court of Bombay

(Before Sharmila U. Deshmukh, J.)

Kaushal Arvind Thakker  Vs  Jyoti Kaushal Thakker and Another 

Crim. Revision Application No. 234 of 2023

Decided on March 22, 2024, 

Citation: 2024 SCC OnLine Bom 895.

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Patients have right to their medical records: CIC

New Delhi: Patients have a right to get their medical records from hospitals, both public and private, Central Information Commission has held while ordering disclosure of information to a former RAW official. 

Nisha Priya Bhatia, a former official of country's snooping agency Research and Analysis Wing, sought her medical records from Institute of Human Behaviour and Allied Sciences where she was admitted on the orders of Delhi High Court. 

These records were refused to her as the Institute cited section 8(1)(h) of the RTI Act which allows an authority to withhold information which would impede an investigation.

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Law relating to medical records in India

MEDICAL COUNCIL OF INDIA GUIDELINES ON MEDICAL RECORDS

The issue of medical record keeping has been addressed in the Medical Council of India Regulations 2002 guidelines answering many questions regarding medical records. The important issues that have been addressed are as follows:

1. Maintain indoor records in a standard proforma for 3 years from commencement of treatment (Section 1.3.1 and Appendix 3).
2. Request for medical records by patient or authorized attendant should be acknowledged and documents issued within 72 hours (Section 1.3.2).
3. Maintain a register of certificates with the full details of medical certificates issued with at least one identification mark of the patient and his signature (Section 1.3.3).
4. Efforts should be made to computerize medical records for quick retrieval (Section 1.3.4).
   

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