The Delhi High Court on Wednesday issued notice to the Union Government and the Delhi government on a public interest litigation (PIL) seeking immediate medical intervention for climate activist Sonam Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar since June 28.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the respondents to place their stand on record and listed the case for further hearing on July 16.
Petitioner-in-person Advocate Rakesh Kumar Saini submitted that Wangchuk’s health had deteriorated considerably because of the prolonged fast and sought immediate judicial intervention to safeguard his life. He argued that while Wangchuk was exercising his fundamental right to peaceful protest, the continued hunger strike posed a serious threat to his life and health.
Observing that no counsel appeared on behalf of the Union Government, the Bench directed that notice be served upon the Additional Solicitor General, the Union of India and the Standing Counsel (Civil) for the Government of NCT of Delhi. The Court stated that it would hear the matter the following day after the Union Government obtained instructions.
The Bench also recorded that the absence of government counsel was due to the boycott of court proceedings by lawyers of the Delhi High Court following a call given by the Delhi High Court Bar Association in protest against the proposed enhancement of the pecuniary jurisdiction of district courts. As a result, no law officer or government counsel was available to assist the Court.
The PIL seeks directions to the Centre and the Delhi Government to immediately provide appropriate medical treatment and life-saving intervention to Wangchuk, initiate dialogue with him regarding the issues raised during his protest, and take all necessary steps to preserve his life. It further seeks directions to shift him to a government hospital, if required, and administer essential medical treatment, including a medically supervised liquid diet containing nutrients, proteins, vitamins and minerals necessary for survival. The petitioner has also sought directions to ensure continuous medical monitoring, emergency healthcare and nutritional assistance to prevent irreversible harm.
According to the petition, Wangchuk’s health has deteriorated significantly during the course of the hunger strike. Relying on media reports, it states that he has lost more than 8 kilograms, including approximately 8.25 kilograms since the commencement of the fast, and is suffering from recurrent episodes of low blood sugar, dizziness, severe weakness and muscle loss, placing him at imminent risk of life-threatening complications.
The petitioner contends that despite the prolonged hunger strike and the activist’s worsening medical condition, the authorities have failed to take any meaningful steps either to engage in dialogue with him or to ensure adequate medical care. It argues that although a peaceful hunger strike is a constitutionally protected form of democratic protest under Article 19 of the Constitution, the State has a corresponding constitutional obligation under Article 21 to protect the life and health of every citizen. The plea submits that allowing a protester to continue an indefinite fast without timely medical intervention would amount to a failure of the State’s constitutional duty to preserve life.
The petition further invokes Section 108 of the Bharatiya Nyaya Sanhita, 2023, contending that continued governmental inaction despite knowledge of Wangchuk’s deteriorating condition could, in the facts of the case, attract the offence relating to abetment of suicide. It submits that the State cannot remain a passive spectator when a citizen’s life is under imminent threat.
Wangchuk is undertaking the indefinite hunger strike at Jantar Mantar demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged examination irregularities, including the NEET paper leak. The protest is being held in solidarity with the Cockroach Janta Party, a youth-centric political movement.
After considering the urgency of the matter, the High Court issued notice to the respondents and directed them to clarify their stand on the issues raised in the PIL. The matter is scheduled to be heard on July 16.
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