Medical law and ethics: right to privacy and medical records: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law and ethics: right to privacy and medical records

Sample item

A patient sues a hospital that gave his diagnosis to his employer without consent. His lawyer relies on the 2017 Supreme Court judgment of Puttaswamy. Under which provision did the Court locate the fundamental right to privacy?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

A. Right to life and liberty, Article 21

In Justice K. S. Puttaswamy v Union of India (2017) a nine-judge Constitution bench held that the right to privacy is a fundamental right protected as part of the right to life and personal liberty under Article 21, and within the freedoms of Part III. Medical information is a core area of privacy.

Option by option

  • A. Right to life and liberty, Article 21 (correct)

    Correct. Privacy was held to be intrinsic to life and personal liberty.

  • B. Right to property under Article 300A

    Article 300A is the legal right to property and is not a fundamental right.

  • C. Right to freedom of religion under Article 25

    Article 25 protects freedom of religion and is not the source of the privacy right.

  • D. Directive principle on public health under Article 47

    Article 47 is a directive principle on health and nutrition, not a fundamental right.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

More Forensic Medicine questions

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is A, Right to life and liberty, Article 21. In Justice K.

Why is "Right to property under Article 300A" not the answer?

Article 300A is the legal right to property and is not a fundamental right.

Why is "Right to freedom of religion under Article 25" not the answer?

Article 25 protects freedom of religion and is not the source of the privacy right.

Why is "Directive principle on public health under Article 47" not the answer?

Article 47 is a directive principle on health and nutrition, not a fundamental right.

What concept does this question test?

It tests Medical law and ethics: right to privacy and medical records in Forensic Medicine. S. Puttaswamy v Union of India (2017) a nine-judge Constitution bench held that the right to privacy is a fundamental right protected as part of the right to life and personal liberty under Article 21, and within the freedoms of Part III. Medical information is a core area of privacy.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law and ethics: right to privacy and medical records?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.