Delhi Police has removed Sonam Wangchuk from Jantar Mantar and admitted her to Safdarjung Hospital in New Delhi.
Social activist Sonam Wangchuk has been on hunger strike for several days at Jantar Mantar in New Delhi. Delhi Police has removed him from Jantar Mantar and admitted him to Safdarjung Hospital in New Delhi. They are supporting the demand of the young generation of the country to solve the problems they face every day in the education system, competitive examinations etc. There has been no response from the government yet. During the hearing on just one petition, Delhi High Court has directed the Center and Delhi Government to make arrangements to monitor Sonam’s health check-up. Keeping in view his health, whatever necessary steps should be taken.
Let us understand in this context what is the legal status of hunger strike? Is it a compulsion of the government to get treatment or is it a necessity? Does the government also have the right to arrest?
Is it illegal to go on a hunger strike?
Every hunger strike is not illegal in itself. Peaceful protest is part of the democratic expression of citizens. Article 19 of the Constitution gives citizens the right to speak, express opinions and assemble peacefully. But this right is not unlimited. The government may impose certain restrictions to protect public order, safety, traffic, health and the rights of others.
Doctors claim that Sonam Wangchuk’s risk of organ failure has increased after the strike.
If the hunger strike is peaceful, is not harming anyone and is not disturbing law and order, then it should not be considered a crime merely because of protesting. But if the demonstration leads to road blockage, violence, government work is disrupted or there is a danger of crowd instigation, then the administration can take action.
Will hunger strike be considered an attempt to commit suicide?
This topic has been very controversial in the past. There was a provision in the old Indian Penal Code making attempted suicide a crime. Now the Indian Judicial Code has come into force and the approach to law has changed a lot. Today, attempting suicide due to mental stress, serious circumstances or health crisis is no longer seen as a crime. The Mental Health Care Act also recognizes that a person under severe stress may need support and treatment.
Still, hunger strike and suicide attempt cannot be considered the same. Hunger strikes are often a medium of political or social protest. In this the person wants to draw the attention of the government or society towards his demands. Therefore, it would not be appropriate to call every hunger strike a suicide attempt. However, if in a case the person clearly expresses suicidal intent, completely refuses treatment and there is an immediate threat to life, then the administration and doctors can intervene in different ways.
This is how hunger strike affects the body
The government or the police have the right to arrest, but this right is not arbitrary. There should be proper basis in law for arrest. No one can be arrested merely for criticizing the government or making demands. Police can take action in the following situations.
- There is a possibility of disturbance of public peace.
- There is a risk of violence spreading due to the demonstration.
- There is a violation of any prohibitory order or valid administrative order.
- Roads, hospitals, railways, government offices or other essential services are being disrupted.
- The crowd is getting out of control.
- There is an immediate serious threat to the person’s life.
Can the government forcibly provide treatment?
Article 21 of the Constitution of India protects life and personal liberty. This is also considered to include the dignity of the person and the right to take decisions related to one’s body. Normally any competent adult person can decide to accept or refuse treatment. Doctors cannot treat without consent, but this principle does not apply equally in every situation. If the person is unconscious, indecisive, or mentally incapable of taking immediate decisions, doctors can administer necessary treatment to save life. Providing medical aid in case of emergency is considered a primary duty. Even in case of hunger strike, the doctor first tries to convince the person. Health checkups are done regularly. Water, salt, glucose, medicine and hospitalization are advised. When the situation worsens, the administration can also resort to seeking directions from the court.
Sonam Wangchuk
How right is it to force feed?
Force feeding or providing nutrition through tube is a very serious step. In this the question of a person’s physical freedom, dignity and consent is involved. Therefore, this decision should not be taken only for political pressure or administrative convenience. Doctors should follow medical ethics. First it is important to see whether the person is capable of taking decisions or not. What is his wish? How serious is his condition? Are less invasive solutions available? Forced treatment should be the last option. Its objective should only be to save lives, not to end the protest. Medicine cannot be used to punish, humiliate, or suppress a person’s political voice.
What has been the approach of the courts?
Indian courts have said in many cases that protection of life is an important responsibility of the state. The state cannot be limited to law and order only. In a serious health crisis, he may have to take steps to protect the person. Besides, the courts have also given great importance to personal freedom. The state cannot control the body and thoughts of a citizen without proper reason, hence balance is necessary in the case of hunger strike. The court can usually see whether the administration’s action was necessary or not. Was there a real threat to the person’s life? Were less drastic measures available? Did the police follow the correct procedure? Was the treatment based on medical necessity?
What is the responsibility of the government?
The first responsibility of the government is to communicate. It is not the right approach to consider hunger strike as only a law and order problem. Listening to the demands of the protesters, negotiating and making the facts public are more democratic measures. The government should provide health services. There should be arrangements for ambulance, doctor, first aid and hospital. The family should be informed about the situation. Records of any action should be kept. The government should also keep in mind that there should not be any attempt to end the protest under the guise of treatment. It is important to protect both the right to protest and the right to life.
#WATCH | Delhi: The police took activist Sonam Wangchuk, who had been on a hunger strike at Jantar Mantar for the past 20 days, to the hospital.
DCP New Delhi tweeted, “As per orders of Honble High Court and on expert medical advise due to the deteriorating health condition of pic.twitter.com/o8HxPSzu0f
— ANI (@ANI) July 18, 2026
rights of hunger strikers
A person on hunger strike also has many rights. Right to peaceful protest. Right to put forth one’s demand. Right to respectful treatment. Right to health examination and medical advice. Right to get legal information in case of arrest. Right to give information to family and lawyer. Right to protection from unnecessary force and abusive treatment.
In short, hunger strike is a method of democratic protest, but it can also be dangerous for health. The government has limited powers to protect law and order and life. In case of serious danger, it can take the person to the hospital and take necessary legal steps, but the government’s authority is not unlimited. Arrest just for protesting is not justified. Forced treatment also cannot be a general rule. In every case, it is the responsibility of the government to keep in mind the seriousness of the person’s dignity, consent, health and public interest. The best path is dialogue, sensitivity and balanced use of law. In a democracy, the voice of protest should be heard and no one’s life should be in danger.
Also read: How much effect does hunger strike have on which part of the body? Understand from 4 weeks records
