Wangchuk weak, Delhi HC orders regular monitoring, Pg1
Delhi High Court orders urgent medical monitoring for critically ill Sonam Wangchuk, citing state's constitutional duty to preserve life during hunger strikes.
Activist Sonam Wangchuk's health is worsening on the 19th day of his indefinite hunger strike at Jantar Mantar.
The Delhi High Court has ordered the Union and Delhi governments to ensure regular medical monitoring of his health.
Doctors have warned that Mr. Wangchuk's condition has entered a critical stage, with significant weight loss.
The court emphasized the state's "paternalistic duty of care" to preserve life while respecting the right to dissent.
Detailed Insights:
The Delhi High Court Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, issued the order.
Solicitor-General Tushar Mehta assured the court that daily health check-ups are being conducted and medical intervention will be provided if needed.
The court's direction came during the hearing of a Public Interest Litigation (PIL) filed by advocate Rakesh Kumar Saini.
Multiple Supreme Court judgments highlight the state's responsibility to ensure the life of a person on hunger strike is preserved.
A Supreme Court Bench headed by Justice Surya Kant had previously stressed this duty in the case of farmer leader Jagjit Singh Dallewal.
The Supreme Court also referenced the In Re: Ramlila Maidan Incident case, involving Baba Ramdev's 2011 hunger strike against corruption.
The judiciary has affirmed that hunger strikes are a constitutionally accepted form of protest and are not unconstitutional.
Key Concepts Involved:
Public Interest Litigation (PIL): A legal action initiated in a court of law for the protection of public interest.
Paternalistic Duty of Care: The state's responsibility to protect the well-being of its citizens, even if it means overriding individual choices in certain circumstances.
Right to Dissent: The fundamental right of citizens to express disagreement or opposition to government policies or actions.