Delhi high court backs Wangchuk's hospital shift, says govt action was not arbitrary
The Delhi High Court has backed the government's decision to shift climate activist Sonam Wangchuk to Safdarjung Hospital, ruling that the move was not arbitrary
The Delhi High Court has backed the government's decision to shift climate activist Sonam Wangchuk to Safdarjung Hospital, ruling that the move was not arbitrary given his deteriorating health after an extended hunger strike. The court also rejected the claim that Wangchuk was being detained or that his bodily autonomy was being violated, saying he remains a free citizen and doctors at the hospital have treated him only with his consent. Read Full Story The order came on a plea filed by Wangchuk's wife, Gitanjali Angmo, who sought his transfer from Safdarjung Hospital to Medanta, arguing that he should be allowed to receive treatment at a medical facility of his choice. The High Court issued notice to the government, police and hospital authorities and directed them to file a status report within three days. The matter will next be heard on Thursday. No interim order was passed at this stage. The court heard arguments from both sides, as well as doctors from Safdarjung Hospital and the emergency medicine department of AIIMS. COURT SAYS GOVERNMENT ACTION WAS NOT ARBITRARY The court took note of the fact that Wangchuk had been on hunger strike for around 17-18 days and that a Division Bench had passed an order on July 16 after considering his perilous medical condition. The government told the court that the decision to shift Wangchuk from the protest site to Safdarjung Hospital was taken because of his deteriorating health. The court also took note of submissions that his blood sugar and potassium levels were on the lower side, with his potassium levels described as dangerously low in the medical reports. The court said that, since the government had taken the decision to shift Wangchuk to hospital because of his medical condition, the action could not be considered arbitrary. "Since the government has taken the decision to shift him to hospital on account of his medical condition, this court does not see the same to be arbitrary action," the court said. The court also took note of the government's submission that every life is precious and needs to be protected. The Additional Solicitor General told the court that Wangchuk had been fasting for around 18 days and that the humid weather had added to concerns over his health.
The government argued that prolonged fasting, coupled with dehydration, could lead to ketosis, a condition in which reduced insulin levels can cause the kidneys to excrete sodium and water rather than retain them. NO DETENTION, SAYS COURT A key issue before the court was whether Wangchuk was being held against his will at the government hospital. Wangchuk's lawyer, Kapil Sibal, argued that he was not under detention and questioned whether the government could insist on keeping a citizen in a government hospital without a detention order or any criminal case. "Without a detention order or offence, can the government say I want him in a government hospital?" Sibal asked. He also argued that Wangchuk should have the right to choose his doctors and the environment in which he receives treatment. "Why is a citizen of India denied doctors of their choice?" Sibal asked, arguing that government doctors could monitor Wangchuk even if he was shifted to Medanta. The court, however, repeatedly said that Wangchuk was not in detention and remained a free citizen. The court observed that Wangchuk had not voluntarily checked himself into a hospital or medical facility and said that, given his medical condition, the government was within its rights to shift him to hospital. "Mr Wangchuk is not in detention," the court said. The court also said that the fact that Wangchuk had not voluntarily gone to a hospital was relevant to the government's decision to shift him. NO FORCE OR VIOLATION OF BODY AUTONOMY, HC SAYS The High Court also rejected the argument that Wangchuk's bodily autonomy was being violated. The court took note of the fact that doctors at Safdarjung Hospital had treated him only with his consent. It said that, since the doctors were monitoring his health and treatment had been administered with his consent, it could not be said that force was being used against him or that his body autonomy was being violated. The court also recorded that Wangchuk had been given unprecedented access to his family, including access outside regular visiting hours. His family members were also allowed to stay with him. The court said his wife, Gitanjali Angmo, could meet him at any time and that other family members could also visit him.
The BriefWire