The Delhi High Court has upheld the government's decision to move climate activist Sonam Wangchuk to Safdarjung Hospital, observing that the transfer was justified in light of his worsening health following a prolonged hunger strike. The court also dismissed allegations that Wangchuk was being detained or that his bodily autonomy had been infringed, noting that he continues to be a free citizen and that all medical treatment provided at the hospital has been administered only with his consent.
The observations came while hearing a petition filed by Wangchuk's wife, Gitanjali Angmo, seeking his transfer from Safdarjung Hospital to Medanta. She argued that he should be permitted to receive treatment at a hospital of his own choosing.
The High Court issued notices to the Centre, Delhi Police, and Safdarjung Hospital, directing them to submit a status report within three days. The case is scheduled for further hearing on Thursday, with no interim relief granted at this stage.
During the proceedings, the court heard submissions from both parties, along with doctors from Safdarjung Hospital and AIIMS' emergency medicine department.
Court Finds Government's Decision Justified
The court noted that Wangchuk had been fasting for nearly 17–18 days and referred to an earlier Division Bench order dated July 16, which had acknowledged his critical medical condition.
The government argued that Wangchuk was shifted from the protest site to Safdarjung Hospital because his health had significantly deteriorated. Medical reports presented before the court showed that his blood sugar and potassium levels were low, with potassium levels considered dangerously deficient.
Taking these factors into account, the court held that the government's decision to hospitalise Wangchuk was based on medical necessity and could not be described as arbitrary.
The court also acknowledged the government's position that every human life is valuable and deserves protection.
The Additional Solicitor General informed the court that Wangchuk had been fasting for nearly 18 days and that humid weather had further aggravated concerns regarding his health. The government explained that prolonged fasting and dehydration could trigger ketosis, causing the kidneys to lose sodium and water instead of conserving them.
Court Rejects Claims of Detention
Another major issue before the court was whether Wangchuk was being held at the government hospital against his wishes.
Senior advocate Kapil Sibal, representing Wangchuk, argued that there was neither a detention order nor any criminal case against him. He questioned whether the government could compel a citizen to remain in a government hospital under such circumstances.
Sibal also maintained that Wangchuk should have the freedom to select his own doctors and treatment environment, suggesting that government doctors could continue monitoring him even if he were admitted to Medanta.
The court, however, reiterated that Wangchuk was not under detention and remained a free citizen.
It further observed that Wangchuk had not voluntarily admitted himself to a medical facility and that, given his deteriorating health, the government was justified in moving him to a hospital for medical care.
No Violation of Bodily Autonomy
The High Court also dismissed the contention that Wangchuk's bodily autonomy had been compromised.
It recorded that doctors at Safdarjung Hospital had treated him only after obtaining his consent. Since medical intervention had been carried out with his approval while doctors continued monitoring his condition, the court held that there was neither any use of force nor any infringement of his bodily autonomy.
The court also noted that Wangchuk had been granted exceptional access to family members, including visits beyond normal visiting hours, and that they had been permitted to remain with him.
It specifically observed that his wife, Gitanjali Angmo, could meet him at any time and that other family members had also been allowed unrestricted access, unlike the usual visiting restrictions applicable to hospital patients.
Conflicting Medical Reports Raise Concerns
Angmo informed the court that she had sought a second medical opinion after receiving conflicting reports regarding Wangchuk's potassium levels.
She stated that a potassium level of 2.9 was a serious medical concern and questioned why another opinion had not been arranged earlier if the reading was considered life-threatening.
According to her, a blood sample collected in the evening resulted in a report around 2 a.m. indicating a potassium level of 3.5, leading her to question the reliability of the medical reports.
She told the court that these inconsistencies had eroded her confidence in the treatment process.
Angmo further stated that Medanta was prepared to admit Wangchuk and that she intended to discharge him against medical advice and transfer him there.
She also alleged that police personnel remained stationed near Wangchuk and claimed they were present inside his hospital room during her visits, listening to private conversations.
Kapil Sibal similarly submitted that police officers were present around Wangchuk during his stay at the hospital.
Government Calls for Greater Caution
The Additional Solicitor General argued that the government had to exercise heightened caution due to Wangchuk's prolonged hunger strike and fragile health condition.
He submitted that the authorities were required to be more careful than usual because any adverse development in Wangchuk's health could have serious consequences.
The government also informed the court that Wangchuk had at times cooperated with medical staff and at other times refused to do so.
A doctor from Safdarjung Hospital told the court that Wangchuk had openly expressed distrust towards the treating doctors.
The hospital's Medical Superintendent added that while doctors wished to provide additional medical treatment, Wangchuk had declined certain interventions because he lacked confidence in them.
The ASG argued that such distrust made it difficult for doctors to perform their duties, particularly in such extraordinary circumstances.
Court Urges Cooperation with Medical Team
The ASG requested the court to direct Wangchuk to cooperate with the doctors treating him.
The court observed that Wangchuk should cooperate with any medical intervention considered necessary in view of his condition.
After Sibal objected, the court clarified that it was not compelling Wangchuk to undergo any specific treatment. Rather, it stated that if medical intervention became necessary, he should cooperate with doctors in administering it.
The court further clarified that all decisions relating to Wangchuk's treatment would remain with the medical team, which would act strictly in accordance with established medical protocols.
It also recorded the government's assurance that Wangchuk's medical reports would be shared with his family.
No Interim Relief Granted
The High Court concluded that there was no need to pass any interim order at this stage.
It directed the government, Delhi Police, and hospital authorities to submit their replies within three days, with the matter scheduled for hearing again on Thursday.
The court observed that medical parameters fluctuate over time and that decisions must be based on the overall clinical picture rather than isolated readings.
Reiterating that every human life deserves protection, the court emphasised the importance of ensuring Wangchuk receives appropriate medical care.
The dispute continues over whether Wangchuk should remain at Safdarjung Hospital or be transferred to a private hospital chosen by his family. While his wife and legal team maintain that he should have the freedom to select his doctors and treatment facility, the government argues that his prolonged hunger strike and declining health require close medical supervision.
For the present, the High Court has endorsed the government's decision to hospitalise Wangchuk, while making it clear that he is not under detention and that all medical decisions must be guided by established medical protocol.
