Sonam Wangchuk's Safardjung hospitalisation decision right: Delhi HC on Gitanjali's Medanta transfer plea—What it said
The Delhi High Court on Sunday declined to issue an interim direction for the discharge of activist Sonam Wangchuk from Safdarjung Hospital, observing that the
The Delhi High Court on Sunday declined to issue an interim direction for the discharge of activist Sonam Wangchuk from Safdarjung Hospital, observing that the government’s decision to move him there due to his health condition could not be termed arbitrary, according to Bar and Bench. In the case of Gitanjali J Angmo v. Union of India & Ors, Justice Mini Pushkarna noted that Wangchuk was under medical supervision and had agreed to receive electrolytes. The court observed that there was no violation of his right to bodily autonomy. “Considering the overall conspectus, since the government has taken the decision to shift Wangchuk to a hospital due to his health, this Court does not find the same to be an arbitrary action,” the Court noted. Quick answers to key questions • 5 QUESTIONS 1 Why did the Delhi High Court decline to issue an interim direction for Sonam Wangchuk's discharge from Safdarjung Hospital? ⌵ The Delhi High Court observed that the government's decision to move Wangchuk to Safdarjung Hospital due to his health condition was not arbitrary, as he had not voluntarily admitted himself despite his condition. 2 What was the main argument made by Sonam Wangchuk's lawyer regarding his transfer to Medanta Hospital? ⌵ Sonam Wangchuk's lawyer argued that he was not in detention and questioned whether the government could prevent a citizen from choosing their preferred hospital, asserting the family’s rights over medical decisions.
3 What did the government submit regarding Sonam Wangchuk's medical condition during the court proceedings? ⌵ The government stated that Wangchuk had been admitted to Safdarjung Hospital after prolonged fasting for 18 days, which could lead to health complications, and he was receiving proper medical attention and electrolyte treatment with his consent. 4 How did Sonam Wangchuk's family respond to his hospitalisation and treatment? ⌵ Wangchuk's family expressed distrust in Safdarjung Hospital's treatment, with his wife stating concerns over a lack of transparency in his potassium levels and requesting urgent permission to shift him to a private hospital due to fears for his health. 5 What risks are associated with prolonged fasting, as highlighted by health experts in relation to Sonam Wangchuk? ⌵ Health experts indicated that prolonged fasting could result in dangerous conditions like electrolyte imbalances and dehydration, which necessitate medical intervention to avoid severe health complications. The Court observed that since Sonam Wangchuk had not chosen to admit himself to a hospital despite his health condition, the government was justified in stepping in. “Considering the fact that Wangchuk, on his own volition, did not check himself into a hospital, the government was within its right to take such action. As already stated by the Division Bench, every life is precious,” it said. It also noted the government’s submission that Wangchuk’s family members had been given unrestricted access to meet him throughout the day, unlike other patients who could only meet visitors during fixed visiting hours.
