Sonam Wangchuk’s Wife Moves Delhi High Court, Says He Is Being Kept in Hospital Against His Will
New Delhi, July 20: A fresh legal battle has emerged over the medical treatment of climate activist Sonam Wangchuk, with his wife Dr. Gitanjali J. Angmo approaching the Delhi High Court and alleging that her husband is being kept at Safdarjung Hospital without legal authority or his consent.
The appeal comes a day after a single judge of the Delhi High Court refused to order Wangchuk’s transfer to a private hospital. Challenging that decision, Angmo argued before a Division Bench that the earlier order effectively allows authorities to keep Wangchuk confined to the government hospital even though he has not been arrested or detained.
According to the petition, the order deprives both Wangchuk and his family of the right to make decisions regarding his medical treatment. Angmo contended that a competent adult has the legal right to accept, refuse or discontinue treatment, and that this principle has not been adequately considered.
Addressing the court, she argued that the previous order “illegally confines Sonam Wangchuk to Safdarjung Hospital without arrest” and undermines his constitutional rights to bodily autonomy, informed consent and personal liberty.
The appeal further states that Wangchuk was shifted from the protest site at Jantar Mantar without being consulted and without giving either him or his family the opportunity to choose the hospital or the doctors responsible for his treatment.
It also alleges that there was no compelling medical evidence to justify such action. According to the plea, if the authorities believed immediate medical intervention was necessary, they should have first approached the court instead of removing him from the protest site.
The petition argues that Wangchuk’s continued stay at Safdarjung Hospital prevents him from continuing his peaceful hunger strike and protest, thereby violating his fundamental rights under Articles 19 and 21 of the Constitution.
Angmo has requested the court to set aside the July 19 order and permit Wangchuk to be shifted to a private hospital of his choice while ensuring that his rights regarding medical treatment and personal liberty are protected.
Earlier, Justice Mini Pushkarna had declined to grant interim relief, observing that there was no prima facie violation of Wangchuk’s liberty. The court noted that authorities had shifted him to Safdarjung Hospital solely to protect his life after his health deteriorated during his 17–18-day indefinite hunger strike.
The High Court also observed that the transfer was carried out in compliance with an earlier Division Bench order directing regular medical monitoring and necessary treatment to prevent further deterioration in his condition.
During the hearing, the Centre informed the court that doctors were administering only those medicines and oral electrolytes to which Wangchuk had consented. The government also maintained that there was no evidence of force being used or any violation of his bodily autonomy.
The court further recorded the Centre’s assurance that Wangchuk’s wife, brother and brother-in-law have unrestricted 24-hour access to meet him. A separate room has also been provided for the family, and his medical reports are being shared with them regularly.
Finding no immediate grounds for intervention, the High Court directed the Union government to submit a detailed status report within three days and scheduled the next hearing in the matter for July 24.
The case has now become a significant legal debate balancing the state’s responsibility to preserve life with an individual’s constitutional right to personal liberty, informed consent and peaceful protest.
News source: Information for this article was gathered from a variety of reliable news outlets.
