Delhi High Court’s order and doctors’ advice became the weapon of Delhi Police, this is how Sonam Wangchuk was removed from Jantar Mantar

The debate intensified since morning regarding the action of Delhi Police after the removal of Sonam Wangchuk, a social activist and education reformer from the Union Territory of Ladakh, from Jantar Mantar. According to TOI report, the police say that they have taken this step on the basis of the instructions of the Delhi High Court and the advice of the medical board. At the same time, supporters allege that the peaceful protest was ended through administrative action. In such a situation, it is important to understand what the court had said and what advice the medical board had given to the police.

What did the Delhi High Court say?

• The High Court said that it is the constitutional responsibility of the administration to ensure the safety of life and health of the person on hunger strike. If there is a serious threat to health, necessary steps can be taken.
• The court directed that the medical board of specialist doctors should examine the health from time to time and further action should be decided on the basis of that.
• The court clarified that if the medical board advises hospitalization or immediate treatment, then the administration can take action as per that advice.
• The High Court said that it is the responsibility of Delhi Police to maintain law and order during protests and necessary administrative steps can be taken if health risks increase.
• The court acknowledged that the right to protest is important, but protection of life and health is paramount under Article 21 of the Constitution. Therefore, in case of health related threat, the administration can intervene.

What advice did the medical board give to the police?

1. There is a fear that his health will continue to deteriorate.
2. Advised to be immediately admitted to hospital and kept under observation.
3. Said to be at risk of serious complications in the body due to prolonged fasting.
4. Regular checkups and specialist medical care recommended.
5. Warned of worsening of the situation if treatment is delayed.

How did the police make both of them the basis for action?

In this matter, Delhi Police says that it did not take any arbitrary decision at its level. According to the police, in the instructions of the High Court, it was said to give priority to health security and the medical board had also advised hospitalization. On both these grounds, it was decided to remove Sonam Wangchuk from Jantar Mantar and send her under medical observation.

The police argue that if medical advice was ignored and there was serious harm to health, the administration would have been accused of negligence. Therefore, it was his legal responsibility to follow the court order and medical report.

After this action a new debate also started. Critics say that the administration interpreted the court order and doctors’ advice in such a way that the protests ended. On the other hand, the police side is that their objective was not to end the protest but to save lives.

After this action of Delhi Police, this matter was not limited to just one protest. The debate now focuses on how to strike a balance between the right to peaceful protest and the state’s responsibility to save lives when a protestor’s health is seriously affected.