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Delhi High Court decision

The Delhi High Court refused to grant immediate relief to social activist Sonam Wangchuk’s demand to transfer her from government-run Safdarjung Hospital to a private hospital. A bench headed by Justice Mini Pushkarna said that on the basis of existing facts, it cannot be said that Wangchuk’s physical liberty has been violated. The court also held that considering his deteriorating health condition, admitting him to the hospital was the appropriate step taken by the administration.

Health deteriorated due to hunger strike

Sonam Wangchuk had been on hunger strike for the last three weeks over the alleged NEET paper leak and demanding reforms in the education system. His health condition continued to deteriorate in the heat of Delhi, after which the police admitted him to the hospital. The government told the court that prolonged fasting can cause serious health problems, such as dehydration and effects on the kidneys.

Comment on medical treatment of the court

During the hearing, doctors told the court that Wangchuk was being given sugar-free oral rehydration solution and necessary medicines with his consent. Since he has refused to take medication intravenously, doctors have been paying attention to his condition. The court said that because the treatment was given with consent, it could not be considered coercive therapy or a violation of autonomy.

Wife’s concern and demand for private hospital

Wangchuk’s wife Gitanjali Angmo sought permission to shift him to private hospital Medanta, saying she did not trust Safdarjung Hospital. Senior advocate Kapil Sibal argued that a person has the right to take decisions to his health and treatment. He told the court that Wangchuk wanted to get treatment from his favorite doctors.

Final decision left to doctors

The central government requested the court to allow doctors to take necessary medical steps to save Wangchuk’s life. On this, the High Court clarified that the final decision regarding the medical needs of the patient will be taken by the treating medical team. At present, Wangchuk will remain under medical observation at Safdarjung Hospital and the court will consider the further situation in the next hearing of the case.