Sandhiya (NA) 06 December 2025

Medical records query and laws

For a disabled person, there is an ask to get proof of disability from 1985 to prove that the disease had been there before age 25 to grant her father's pension. I am unable to post this in the related thread explaining the scenario, so posting this in a new theread specific to medical records. I have the following queries.

1. Are there any specific laws regarding Medical record retention policy? If the diagnosis and hospitalization was done back in 1985 and if no records exist with the hospital , is there anything called as a Non-Availability of Medical Records Certificate (NAR) for treatment that the hospital is obligated to provide legally ?

2. If the older records are destroyed or unavailable, is the medical board obligated legally to conduct a review the case for the purpose of issuing a retrospective certificate based on the chronic/developmental nature of the condition for a disabled person?

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Quick Summary

This discussion addresses the challenge of obtaining medical records from 1985 to prove a disability for pension purposes. It explores legal obligations regarding medical record retention policies in India, the possibility of obtaining a Non-Availability of Medical Records Certificate (NAR) if original records are lost, and whether a medical board can issue a retrospective certificate based on the condition's nature. The conversation also touches on the Rights of Persons with Disabilities Act, 2016, and the difficulties faced in posting follow-up questions on online forums.

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 December 2025

1. In India, medical records retention policies vary, but typically hospitals are required to maintain records for 3-5 years.

For older records like from 1985, it's likely they might be destroyed or archived. You can request a Non-Availability of Medical Records Certificate (NAMC) from the hospital, but it's not guaranteed they'll provide it.

2. The medical board might consider alternative evidence or conduct a review, but there's no strict obligation to issue a retrospective certificate without sufficient proof.

The Rights of Persons with Disabilities Act, 2016, emphasizes facilitating access to documents for persons with disabilities, but specific procedures may vary.

You might want to consult with a medical social worker or a disability rights organization for guidance on navigating this process.

T. Kalaiselvan, Advocate (Advocate) 07 December 2025

It is a repeated question, you may better continue with further questions through the original thread itself because it lacks the continuity as well as it appears as if fresh subject

Sandhiya (NA) 11 December 2025

@Rama chary Rachakonda Sir, thank you for the reply. I will look at NAMC more as well as Disabilities Act, 2016. Thank you for the other resource/ org resources as well.

T. Kalaiselvan, Advocate - you are right, it would best to have this posted under original thread but unfortunately, since my reply in the last that thread, it is not letting me add to that , says someone else need to reply in that thread first. I am not sure if I am doing something incorrectly or if there is some kind of limitations with these threads. I am also unable to make edits to posts once posted, it says message modified after editing but content still seems to remain the same. I will try to contact the group admin perhaps regarding these two issues that I am facing.