New Delhi (Rajeev Sharma): The legal dispute surrounding activist Sonam Wangchuk’s hospitalisation has intensified, with his wife, Gitanjali Angmo, filing a fresh appeal before the Delhi High Court against an order that allowed his continued treatment at Safdarjung Hospital. The appeal argues that Wangchuk should be free to decide where he receives medical care and that neither he nor his family should be denied that choice.
The challenge comes after a Single Judge declined to direct the activist’s discharge from the government hospital, where he was admitted after being removed from his indefinite hunger strike at Jantar Mantar. Angmo has now requested a Division Bench to reconsider the decision on an urgent basis.
In the appeal, Wangchuk’s family contends that the earlier ruling fails to uphold the constitutional safeguards relating to personal liberty, informed consent and bodily autonomy. It argues that the freedom to determine one’s medical treatment and healthcare provider is an essential component of the right to life under Article 21 of the Constitution.
The petition also questions the legality of Wangchuk’s continued stay at Safdarjung Hospital, claiming there is no judicial or administrative order placing him under arrest or detention. It maintains that keeping him in the hospital against his wishes interferes with his constitutional rights, including his ability to continue a peaceful democratic protest.
To support its arguments, the appeal cites Supreme Court rulings that recognise a patient’s right to make independent medical decisions and emphasise the importance of informed consent in healthcare.
Senior lawyers representing Wangchuk are expected to seek an expedited hearing before the Delhi High Court, requesting that the matter be listed at the earliest.
Meanwhile, Wangchuk has reiterated that he is willing to end his indefinite fast if one of three conditions is met. In a handwritten statement issued from the hospital, he said he would call off the protest if the Centre accepted responsibility for recent shortcomings in the education system, including examination paper leaks.
He also said he would withdraw the fast if he and leaders of the Cockroach Janata Party (CJP) were allowed to reach Parliament and received assurances from Members of Parliament that the issue would be raised in both Houses. If his health prevented him from travelling, Wangchuk said he would accept a visit from MPs at the hospital, provided they publicly committed to taking up the matter in Parliament.
Describing his continued stay in the hospital as an “illegal detention,” the activist alleged that his freedom of movement, communication and expression had been curtailed.
Even as the legal proceedings continue, supporters of the Cockroach Janata Party are pressing ahead with preparations for the proposed ‘Chalo Sansad’ march. The mobilisation comes despite Delhi Police denying permission for the demonstration and enforcing heightened security measures across key parts of the national capital.
