Gitanjali J Angmo, the spouse of climate activist Sonam Wangchuk, has lodged an appeal with a Division Bench of the Delhi High Court. This appeal contests a single-judge decision denying her request to move Wangchuk from Safdarjung Hospital to Medanta Hospital in Gurugram. The case, titled Gitanjali Angmo Vs Union of India, arises from Wangchuk’s indefinite hunger strike initiated on June 28 at Jantar Mantar, Delhi. Wangchuk’s protest aligns with the youth-driven ‘Cockroach Janta Party’ movement, which calls for accountability regarding repeated examination paper leaks and the resignation of Union Education Minister Dharmendra Pradhan.
On July 18, Delhi police relocated Wangchuk to Safdarjung Hospital, citing concerns over his health condition. The following day, Angmo approached the Delhi High Court, seeking permission to transfer him to a private hospital. She argued that the family had lost trust in Safdarjung Hospital due to alleged opacity in his medical treatment and documentation. Her legal representation claimed that Wangchuk was being held under conditions resembling unlawful detention.
On July 19, a single judge of the High Court preliminarily concluded that the government’s action to move Wangchuk from his protest site to Safdarjung Hospital was not arbitrary. Consequently, the judge refused immediate relief in Angmo’s plea for his transfer out of Safdarjung Hospital.
Angmo has now contested Justice Pushkarna’s ruling, asserting that the decision effectively deprives Wangchuk of the right to choose his own medical treatment and places ultimate authority with the attending medical team. The appeal argues that this order violates Wangchuk’s bodily autonomy, allowing medical professionals to override the choices of a competent adult.
The appeal further argues that Article 21 of the Indian Constitution, which encompasses the right to life, includes the right of a competent adult to refuse medical treatment and select a healthcare facility. It also contends that Wangchuk’s involuntary hospitalization at Safdarjung infringes upon his personal liberty, bodily autonomy, and right to protest.
Angmo’s appeal questions Safdarjung Hospital’s assertion that Wangchuk’s potassium level had plummeted to 2.9. She cites independent tests that later recorded his potassium levels as 3.6 and 3.76, within normal limits. Despite these findings, the single judge noted that Wangchuk’s sugar and sodium levels were below normal, with his potassium level critically low.
While denying interim relief, Justice Pushkarna remarked that the medical team should make the ultimate decision regarding Wangchuk’s condition based on strict medical protocols. Angmo’s appeal seeks to overturn and stay this order, urging the Court to permit Wangchuk and her to select the healthcare facility and treatment. She also demands full disclosure of his medical records and access for his legal and medical advisors.
Angmo has further requested a prohibition on administering any treatment or intervention without Wangchuk’s informed consent. The appeal points out that two days prior to Wangchuk’s relocation from Jantar Mantar, a Division Bench of the High Court instructed the government to regularly monitor his health and ensure necessary medical interventions. However, the appeal notes that neither Wangchuk nor Angmo was a party to those proceedings, and argues that the July 16 order allowed only for health monitoring, not for his forcible removal or continued hospitalization.
The appeal was filed through advocates Bahuli Sharma, Susan Maria Mathew, Ridhi Arora, Suryaansh Kishan Razdan, and Yoshit Jain.
