Sonam Wangchuk Hunger Strike: Sonam Wangchuk, who had been on a hunger strike at Jantar Mantar in Delhi, was taken to a hospital by the police on Saturday. He had been fasting there for 21 days. Despite being at the hospital, Sonam Wangchuk is still continuing his hunger strike and has declined to take any medication. A team of specialized doctors is keeping a close watch on his condition at the hospital.
In the meantime, Sonam Wangchuk’s wife, Geetanjali Angmo, has submitted a petition to the Delhi High Court, requesting that her husband be moved from Safdarjung Hospital to a private facility. In her petition, she mentioned that on Saturday, the police forcibly removed Sonam Wangchuk from Jantar Mantar without his consent, which she claims is a violation of his fundamental rights, and transported him to Safdarjung Hospital. She accused the police of misusing the High Court’s order.
The police justified their actions by referencing a Delhi High Court order that instructed officials to monitor Wangchuk’s health and provide medical assistance if necessary.
Is hunger strike a fundamental right?
India has a rich history of hunger strikes, with many notable instances occurring during the fight for independence. The longest hunger strike since independence was led by Irom Sharmila in Manipur, who demanded the repeal of AFSPA. Her protest began in 2000 and continued until 2016, during which she was subjected to repeated force-feeding.
As reported by Live Law, in a 2018 case involving the Mazdoor Kisan Shakti Sangathan, the Supreme Court ruled that under Article 19(1)(a) and (b) of the Constitution, citizens have the right to assemble peacefully and protest against government actions or decisions.
Previously, in a 1972 case, the Supreme Court clarified that while the government can impose restrictions on street protests to prevent disturbances or traffic issues, this does not grant them the authority to close off all roads or public spaces, thereby infringing on citizens’ rights.
In the 2020 Shaheen Bagh protests, the Supreme Court also stated that the government should promote the right to peaceful protest. However, the court also stated that public spaces cannot be occupied indefinitely.
What does the Supreme Court have to say?
In 2011, there were massive protests against the then UPA government at the Centre. Anna Hazare also went on a hunger strike at Jantar Mantar in Delhi. Baba Ramdev also went on a hunger strike at the same time, but the Delhi Police cracked down on him.
The Supreme Court questioned the police’s actions in this case and directed action against the erring officers. The court stated that Ramdev’s decision to go on a hunger strike was not an extraordinary circumstance that posed an immediate threat to law and order. The court reiterated that people’s fundamental rights cannot be compromised.
In that case, the Supreme Court held that hunger strikes are neither unconstitutional nor against the law. The court stated, “This is a form of protest that has been recognized both historically and legally in our constitutional jurisprudence.”
Is it possible to forcibly end a fast?
The answer is no. During the farmers’ protest, farmer leader Jagjit Singh Dallewal went on a hunger strike, and as his health worsened, the court mandated that he be taken to a hospital. However, the court explicitly stated in its ruling that it was not instructing him to end his fast.
The court emphasized that being admitted to the hospital did not imply that Dallewal would have to stop his fast. Instead, the hospital would provide the necessary medical care to ensure his life was not at risk.
Can force-feeding be implemented?
As reported by Live Law, the Malta Declaration from the World Medical Association highlights the ethical dilemma faced by doctors in hunger strike situations. They are torn between their obligation to care for the patient and the need to honor the patient’s autonomy.
The Malta Declaration asserts that individuals on hunger strikes should not be subjected to treatment they have declined. Courts generally follow this principle. In most instances, they have refrained from ordering the force-feeding of hunger strikers. However, this can differ based on the specifics of each case. For instance, when the government attempted to force-feed Irom Sharmila, the courts chose not to intervene. In contrast, in Dallewal’s situation, despite her declining health, the court merely directed that she be taken to a hospital.