Indefinite hunger strike of climate activist Sonam Wangchuk has now reached the Delhi High Court after a Public Interest Litigation (PIL) sought urgent court intervention to protect his life. The petition asks both the Central Government and the Delhi Government to immediately provide medical treatment and begin discussions with Wangchuk before his health worsens further.
The matter is expected to be listed urgently after the petitioner informed the court that Wangchuk’s condition has become critical and that any delay could put his life at serious risk.
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PIL seeks immediate medical care
The PIL has been filed by advocate Rakesh Kumar Saini. In his plea, he has requested the Delhi High Court to issue immediate directions to the authorities to ensure Wangchuk receives proper medical treatment and life-saving care.
Apart from medical assistance, the petition also asks the government to open talks with Wangchuk regarding the issues he has raised during his protest. According to the petitioner, protecting Wangchuk’s life should be government’s top priority while also addressing concerns behind ongoing demonstration.
Health report raises serious concerns
The petition paints a worrying picture of Wangchuk’s health after being on an indefinite hunger strike since June 28 at Jantar Mantar.
According to the plea, he has lost around 8.25 kilograms since the fast began. It also states that he has been suffering from repeated episodes of low blood sugar, dizziness, severe muscle loss and overall weakness.
The petition cites newspaper report published on July 14 claiming that Wangchuk’s health has deteriorated significantly and that continuing the fast without medical intervention could place his life in serious danger.
Petitioner says government cannot stay silent
The PIL argues that although hunger strikes and peaceful protests are protected under democratic principles, the government also has a constitutional responsibility to protect the life and health of every citizen.
According to the petition, Sonam Wangchuk has continued his protest for weeks in support of public demands, but no meaningful dialogue has been initiated by the authorities.
The petitioner claims that allowing his health to deteriorate without taking action would amount to failure of government’s constitutional as well as public duties.
Reference made to Bharatiya Nyaya Sanhita
The petition also refers to provisions related to abetment of suicide under Bharatiya Nyaya Sanhita (BNS).
It argues that when a person’s life is in imminent danger, government authorities cannot remain spectators. Instead, they have legal and constitutional obligation to take steps that could help prevent the loss of life.
What the court has been asked to order
The PIL seeks several directions from the Delhi High Court.
It asks the court to ensure that Wangchuk is immediately given appropriate medical treatment and emergency healthcare. It also requests that the government begin discussions with him regarding the issues behind his protest.
If doctors believe it is medically necessary, the petition further asks the court to allow the administration of vital liquid nutrition, proteins, vitamins and other essential medical support to stop his condition from worsening.
In addition, the petitioner has requested the court to pass any other order it considers appropriate in the interest of justice.
Hearing may face uncertainty
Although the petitioner has sought urgent listing of the matter, it is still unclear whether the case will be heard immediately.
The uncertainty comes because the Delhi High Court Bar Association (DHCBA) has announced an abstention from work on July 15.
The protest has been called against the proposed increase in the pecuniary jurisdiction of district courts, which would raise the limit from Rs 2 crore to Rs 10 crore.
As part of the protest, the Association has requested its members not to appear before any bench of the Delhi High Court, either physically or through virtual hearings.
The DHCBA has also announced that bar rooms, the court cafeteria and several other facilities will remain closed during the protest, which could affect the functioning of the court and the scheduling of urgent matters.