New Delhi: The Delhi High Court on Sunday refused to grant interim relief on a petition seeking the transfer of climate activist Sonam Wangchuk from Safdarjung Hospital to a private medical facility, observing that his bodily autonomy has not been violated and that he is not under detention. The court held that the government’s decision to shift him to the hospital was justified in view of his deteriorating health after a prolonged hunger strike.
The plea was filed by Wangchuk’s wife, Gitanjali J. Angmo, who sought permission to move him to a private hospital, alleging a lack of trust in the treatment being provided at Safdarjung Hospital.
Court says government acted within its powers
During the hearing, the High Court observed that Wangchuk’s health had reached a critical stage following his extended fast, making it appropriate for authorities to shift him from the protest site to a government hospital.
The court noted that there was no evidence to suggest the government’s action was arbitrary. It also accepted the Centre’s submission that Wangchuk was moved to Safdarjung Hospital based on medical advice after his health deteriorated. Medical reports placed before the court indicated concerns over dehydration, low blood sugar and dangerously low potassium levels.
‘Bodily autonomy not violated,’ says High Court
Rejecting the petitioner’s argument that Wangchuk’s bodily autonomy had been infringed, the High Court observed that doctors at Safdarjung Hospital had administered treatment only with his consent.
The court clarified that Wangchuk remains a free citizen and is not under detention. It further stated that while the medical team would continue monitoring his condition, treatment decisions would be taken strictly according to established medical protocols.
Senior advocate Kapil Sibal, appearing for Wangchuk, argued that every citizen has the right to choose their doctors and preferred hospital. He questioned why Wangchuk should be compelled to remain in a government hospital despite not being under arrest or facing any criminal proceedings.
No interim relief; Centre asked to file status report
The High Court declined to order Wangchuk’s transfer to a private hospital at this stage and directed the Centre, Delhi Police and Safdarjung Hospital authorities to file a status report within three days.
The matter has been listed for further hearing later this week. Meanwhile, the court reiterated that “every life is precious” and stressed the importance of ensuring appropriate medical care while balancing an individual’s rights and public authorities’ responsibility to protect life.
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