MR.'X' versus HOSPITAL Z

Citation: [1998] SUPP. 1 S.C.R. 723 · Decided: 21-09-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD, B.N. KIRPAL · Disposal: Dismissed

Judgment (excerpt)

MR.'X' 
v. 
HOSPITAL 'Z' 
SEPTEMBER 21, 1998 
[S. SAGHIR AHMAD AND B.N. KIRPAL, JJ.] 
Constitution of India-A11 21-Right to Privacy-Is pmt of 1ight to 
life-Person suffeling from AlDS-Disclosure of-To save the life of another 
person disclosure-Not violative of Art 21-Clash of two fundamental 
1ights-Which of the two would prevail-Held, Right to P1ivacy is not absolute 
and may be lawfully restlicted for the prevention of Clime, disorder or protec-
tion of health or morals or protection of 1ights and freedom of others-Right 
to Life includes the right to lead a healthy life and the light to infonnation 
about the ftuther spouse-Where there is a clash of two Fundamental Rights, 
the right which would advance the public morality or public interest, would 
alone be enforceable through the process of Cowt-Vnder the facts and cir-
cumstances, the Hospital cannot be said to have, in any way violated the ntle 
of confidentiality or the 1ight of p1ivacy-Rights-Suspension of-Discussed. 
Indian Medical Council Act-Sections 20A and 33(m)-Code of Medi-
A 
B 
c 
D 
cal Ethics-Person found to be HW ( + }-Infonnation disclosed by Hospi-
E 
tat-Person claiming damages for violation of duty to maintain 
confidentiality-Held, disclosure is pennitted under circumstances in which 
public interest would ovenide the duty of confidentiality, pmticularly where 
there is an immediate or ftllure health 1isk to others. 
lndian Penal Code-Sections 269 and 27(}-Person suffe1ing from 
'AIDS'-Knowingly manics and thereby transmits the infection to his/her 
spouse-Effect--Held, such person would be guilty of offences ·indicated 
under Sections 269 and 270, !PC. 
Human Rights and AIDS : 
J 
Persons suffeling from AIDS-Treatment of-Held, such persons are 
entitled to all respects as human beings-Their society should not be 
avvided--Govemment jobs or seivice should not be denied to them. 
Words & Phrases-'Legal Right'-Meaning of 
723 
F 
G 
H 
724 
SUPREME COURT REPORTS (1998) SUPP. 1 S.C.R. 
A 
Marriage between Appellant, 'X' and 'Y' was fixed but was called off 
as the appellant was found to be HIV(+) in the blood test conducted at 
the respondent's hospital, Z. Several people including appellant's family 
members and persons belonging to his community became aware of the 
appellant's HIV(+) status and he was severely criticised and ostracized 
B by the community. 
.., . 
Appellant approached the National Consumer Disputes Redressal 
Commission for damages against the respondent-Hospital for disclosing 
information regarding his being HIV ( +) which was required to be kept 
secret under the Medical ethics. The Commission dismissed the petition 
C on the ground that the appellant could seek remedy in the civil court. 
Aggrieved by the order of the National Commission, the appellant has filed 
the present appeal. 
The appellant contended that the principle of "duty of care", in 
medical profession, includes the duty to maintain confidentiality which has 
D been incorporated in the Code of Medical Ethics formulated by the Medi-
cal Council of India and this duty was violated by the respondent; that the 
co-relative right vested in a patient that whatever has come to the 
knowledge of the doctor would not be divulged has been violated; that the 
appellant's right to privacy has been infringed by the respondent by 
E disclosing that he was HIV(+); and that every young man or woman has 
an absolute right to marry. 
Dismissing the appeal, the Court 
HELD : 1.1. It is the basic principle of Jurisprudence that every 
F 
Right has a co-relative Duty and every Duty has a co- relative Right. But 
the rule is not absolute. It is subject to certain exceptions in the sense that 
a person may have a Right but there may not be co-relative Duty. 
[731-H; 732-A] 
1.2. The elements of a "LEGAL RIGHT" are that the "right" is vested 
G in a person and is available against a person who is under a corresponding 
obligation and duty to respect that right and has to act or forbear from 
acting in a manner so as to prevent the violation of the right. If, therefore, 
there is a legal right vested in a person, the latter can seek its protection 
against a person who is bound by a corresponding duty not to violate that 
H right. [732-B-C] 
. 
. 
MR. 'X' v. HOSPITAL 'Z' 
725 
2. Medical information about a person is protected by the Code of A 
Professional Conduct made by the Medical Council of India under Section 
33(m) read with Section 20A of the Act. The relevant provisions 

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