Activist Sonam Wangchuk’s wife, Gitanjali Angmu, moved the Delhi High Court bench against a single-judge bench order refusing to allow her to shift him from Delhi’s Safdarjung Hospital to a private hospital. Her petition was expected to be mentioned before a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia at 10:30 am, for urgent listing on Monday.
Justice Minnie Pushkarna, in a special session on Sunday, refused to immediately allow Angmuthu to transfer Wangchuk to a private hospital, observing that the government’s decision to admit him to Safdarjung Hospital had been taken in light of his medical condition and could not be termed “arbitrary”.
Angmo said in her petition that the impugned order failed to address the issue of informed consent and did not deal with the argument that the right to medical treatment necessarily includes the autonomy of the individual to partially accept or completely reject any intervention. It added that the order, in effect, illegally confines and restrains Wangchuk within the premises of Safdarjung Hospital, without any formal order for his arrest or detention, resulting in him being unlawfully deprived of his personal liberty.
Angmo cited the order and said that the team attending Wangchuk would make the “final decision” regarding the assessment of his medical condition, in accordance with strict medical protocols to protect his life and ensure his safety, and constantly monitor his vital organs. “Therefore, the impugned order effectively abrogates the appellant’s fundamental rights to bodily autonomy under Article 21 of the Constitution of India,” the petition said. “The impugned order records that the petitioner has not been named in any criminal proceedings and that there is no arrest warrant against him.”
The order issues a carte blanche order illegally confining Wangchuk to Safdorjung Hospital and allowing food to be served without his consent, the petition said. She said the manner in which Wangchuk was taken in front of a crowd at the Jantar Mantar protest site in Delhi was intended to thwart his right to protest. Angmo said the action was clearly intended to “send a chilling effect” within the community of supporters who have been protesting for more than a month. She added that the order described the procedure as non-arbitrary.
Removing an individual from a location of their choice without their consent or any sign of deteriorating health, in this case, is one of the most arbitrary actions a state can take, Angmo argued. “This arbitrariness is exacerbated by the fact that he is not allowed to leave the place chosen by the government despite the next of kin as well as the individual asserting their constitutional rights.”
Delhi Police on Saturday hospitalized Wangchuk, who has been on an indefinite hunger strike for 21 days over examination irregularities. They said the move was aimed at monitoring his health in line with court directives.
Opposition parties accused the government of using force against a peaceful protest and questioned the timing of the action, one day after the appointment of the New Delhi Police Commissioner. The ruling Bharatiya Janata Party defended the police actions, saying they were taken to protect Wangchuk’s health.
Supporters said Wangchuk was forcibly removed, causing an uproar at the protest site, where they were allegedly beaten with batons, and Janata Cockroach Party founder Abhijit Debke was briefly detained.
