Former CJI K.G. Balakrishnan Backs Wangchuk's Hospitalisation, Says His Life Must Be Saved

Former Chief Justice of India K.G. Balakrishnan has weighed in on the controversy surrounding Sonam Wangchuk's removal from Jantar Mantar, asserting that the activist's hospitalisation does not amount to a violation of constitutional values and was, instead, necessary to protect his life.

His remarks come even as a letter petition was filed today before the Chief Justice of India Surya Kant seeking Wangchuk's return to the protest site and protection of his and other demonstrators' fundamental rights.

"Sonam Wangchuk has been taken to the hospital, and it is vital that his life is saved. This action does not pose a challenge to our constitutional values. The Constitution remains the ultimate protector of the fundamental rights of the people of this country. India stands out as a nation where such care is taken. People must be enlightened about their own problems and responsibilities; only then can constitutional rights be fully protected for all citizens," Justice Balakrishnan said.

Justice Balakrishnan's comments also echo the justification offered by Delhi Police and the Delhi High Court's order for daily clinical monitoring of Wangchuk, both framed around the State's obligation to safeguard his health once his condition began deteriorating after three weeks of fasting.

By calling India "a nation where such care is taken," the former CJI appears to endorse the view that hospitalisation, even one resisted by the protester himself, can be constitutionally consistent so long as it is undertaken to preserve life.

At the same time, his remark that "people must be enlightened about their own problems and responsibilities" for constitutional rights to be "fully protected for all citizens" introduces a broader observation about the responsibilities accompanying fundamental rights, one that protesters and their supporters are likely to read as commentary on the Jantar Mantar demonstration itself, even as it stops short of directly criticising Wangchuk or the protesters.

The development comes after Sonam Wangchuk was suddenly shifted from the Jantar Mantar protest site to Delhi's Safdarjung Hospital early Saturday morning, on the 21st day of his indefinite hunger strike, after the Delhi High Court directed authorities to ensure his medical safety amid a rapidly worsening health condition.

The hospitalisation follows an order passed by the Delhi High Court two days earlier, directing authorities to carry out daily clinical health checks on Wangchuk. The court had observed that the life of any citizen is precious, and had asked that necessary medical intervention be provided whenever required, effectively placing the state under a continuing obligation to monitor the activist's condition even as he refused hospitalisation.

Wangchuk has been fasting at Jantar Mantar since June 28, in support of the Cockroach Janta Party's protest that began on June 20 over alleged irregularities in the NEET examination and the deaths of students linked to the controversy. The protestors have been demanding the resignation of Union Education Minister Dharmendra Pradhan, a judicial probe into the alleged exam scam, and systemic reforms to India's examination process. On July 13, Wangchuk had reportedly declined to be shifted to hospital despite a medical report flagging concerns about his condition.

Inputs from PTI