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Activist Sonam Wangchuk's wife, Gitanjali J. Angmo, has approached the Delhi High Court, challenging an earlier order that declined to intervene in Wangchuk's treatment at Safdarjung Hospital. The appeal raises important questions about informed consent, personal liberty and who has the authority to make medical decisions during his ongoing hunger strike.
The High Court has agreed to hear the matter and is scheduled to take up the plea later on Monday.
In her appeal, Angmo argued that the previous High Court order effectively keeps Sonam Wangchuk confined to the government-run Safdarjung Hospital without any formal arrest.
She further contended that neither Wangchuk nor his wife has been given the authority to make final decisions regarding his medical treatment.
According to the plea, the earlier order failed to adequately consider the issue of informed consent, including an individual's right to accept or refuse medical treatment.
The latest appeal comes a day after a single-judge bench declined to pass an interim order directing Wangchuk's immediate transfer to a private hospital.
The court observed that the government's decision to shift the fasting activist from Jantar Mantar to Safdarjung Hospital could not be considered arbitrary.
It also noted that a team of doctors at the hospital was continuously monitoring his health.
During a special hearing on Sunday, Justice Mini Pushkarna ruled that there was no material to suggest that force was being used against Wangchuk in violation of his bodily integrity.
The court referred to its earlier order directing authorities to monitor Wangchuk's health and medically intervene if required.
Since Wangchuk had not voluntarily admitted himself to any medical facility, the court held that the government was justified in shifting him to Safdarjung Hospital considering his medical condition.
The judge also observed that decisions regarding his treatment should remain with the attending medical team in accordance with established medical protocols.
Sonam Wangchuk has been on an indefinite hunger strike since June 28.
His protest is linked to allegations of irregularities in competitive examinations and concerns over the deaths of several students following the earlier cancellation of the NEET examination.
On the 21st day of his fast, Delhi Police shifted him from the protest site to Safdarjung Hospital for medical supervision.
The fresh appeal places the spotlight on a broader constitutional and legal issue—whether a person undergoing a hunger strike retains the right to decide their own medical treatment when the state intervenes on health grounds.
The case is expected to examine the balance between:
The Delhi High Court's decision could have wider implications for similar cases involving hunger strikes and emergency medical intervention.
She has challenged the earlier court order that refused to intervene in Wangchuk's treatment at Safdarjung Hospital, arguing that it violates his right to informed consent and personal liberty.
The court held that the government was justified in shifting Wangchuk to Safdarjung Hospital due to his medical condition and said treatment decisions should remain with the attending medical team.
He has been protesting since June 28 over alleged irregularities in competitive examinations and the deaths of several students linked to the earlier cancellation of the NEET examination.
Informed consent refers to a patient's legal and ethical right to receive information about medical treatment and decide whether to accept or refuse it.
The Delhi High Court is scheduled to hear the appeal later on Monday.
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Published: 19h ago