Fundamental Rights Under Articles 19 and 21 Enforced; Patient to Receive Treatment at Preferred Medical Facility
In a significant ruling, the Delhi High Court has upheld the fundamental rights of patients under Articles 19 and 21 of the Indian Constitution, emphasizing the freedom to choose their healthcare provider. The case, Gitanjali J. Angmo v. Union of India, centered on the alleged illegal confinement of Shri Sonam Wangchuk at Safdarjung Hospital without access to his counsel or preferred doctors. The court ordered the immediate transfer of Mr. Wangchuk to Medanta Hospital, Gurugram, a facility of his choice.
The division bench comprising Chief Justice Mr. Devendra Kumar Upadhyaya and Justice Tejas Karia delivered the judgment on July 21, 2026. The court recognized the patient's right to personal liberty and freedom, directing that Mr. Wangchuk be shifted to ensure his fundamental rights are respected. The court mandated that a team of medical experts at Medanta Hospital provide continuous monitoring and treatment, adhering to established medical protocols.
The case arose from an appeal against a previous order by a Single Judge, which had not granted interim relief to the appellant. The appellant, represented by Senior Advocate Mr. Akhil Sibal, argued that Mr. Wangchuk's confinement was unconstitutional, seeking his immediate release and access to chosen medical care. The respondents, represented by Solicitor General of India Mr. Tushar Mehta, did not object to the transfer to Medanta Hospital.
The court’s directive included provisions for the patient’s next of kin to have unrestricted access during hospitalization, subject to medical protocols. The decision underscores the judiciary's role in safeguarding individual rights, especially concerning medical treatment and personal autonomy.
The bench acknowledged the cooperation of medical professionals from AIIMS and Safdarjung Hospital in resolving the matter. With this judgment, the court disposed of both the appeal and the original writ petition, highlighting the importance of patient autonomy in healthcare decisions.
Bottom Line:
Fundamental rights of a patient under Articles 19 and 21 of the Constitution of India recognized - Patient allowed to choose the hospital for treatment, ensuring constant medical monitoring and access for next of kin.
Statutory provision(s):Articles 19, 21 of the Constitution of India.
Gitanjali J. Angmo v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2944600
