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The Supreme Court of India has intervened in the ongoing indefinite hunger strike of 70-year-old farmer leader Jagjit Singh Dallewal, who is protesting at the Punjab-Haryana Khanauri border. The court's concern centers on Dallewal's health and the apparent lack of adequate medical attention provided by the Punjab government. The justices expressed strong criticism towards the Punjab government's assertion that Dallewal's health was satisfactory without conducting any comprehensive medical examinations. This prompted the court to draw a parallel with the prolonged fast undertaken by Irom Sharmila, a civil rights activist who, for over a decade, continued her protest under strict medical supervision. The court stressed that their objective is not to curtail Dallewal's right to protest, but rather to ensure his safety and well-being, acknowledging his significant role as a 'mass leader' within the farming community.
The Supreme Court's directive to the Punjab government mandates that Dallewal undergo a thorough health examination, including blood tests, ECG, and CT scans. This stems from Dallewal's refusal to voluntarily seek medical intervention, even preventing the taking of blood samples. The justices emphasized the necessity of obtaining comprehensive medical data to accurately assess his health condition, highlighting the inability to determine his actual health status without these tests. The court’s concern extends to the overall context of the protest, with the judges acknowledging the significant number of farmers supporting Dallewal’s action and the potential risks associated with neglecting his health. The court explicitly stated that their aim is not to disrupt or end the farmers’ protest, but rather to safeguard Dallewal's health while allowing the protest to continue.
The Punjab government's response to the court's order highlights the complexities of the situation. The Advocate General, Gurminder Singh, informed the court that Dallewal had expressed a desire to address the court personally. However, the court's priority remained Dallewal's health, emphasizing that a direct interaction could only occur after a comprehensive health assessment. Singh further described the significant security measures surrounding Dallewal's protest site, noting a large number of farmers present and security challenges faced by state officials attempting to access the protest area. He also mentioned that a makeshift hospital and ambulance with medical personnel were in place. However, the Supreme Court questioned the accuracy of reports suggesting that Dallewal's health was fine, emphasizing that the government's reports were not medically substantiated and demanded accountability from the doctors involved. The court clarified that these security concerns shouldn’t be used to justify neglecting Dallewal's medical needs, stressing the peaceful nature of the farmers’ protest.
The court’s decision underscores the delicate balance between upholding the right to protest and ensuring the safety and well-being of individuals involved in such actions. The justices emphasized that Dallewal's protest should continue even after medical intervention, provided that his health is stabilized. The court's reference to Irom Sharmila's case demonstrates a willingness to accommodate protests while prioritizing health and safety. This approach demonstrates the court’s commitment to protecting fundamental rights while mitigating risks associated with extreme protest methods. The court's order represents a significant legal development regarding the delicate balance between freedom of expression and the state's responsibility to protect its citizens' health. The case highlights the potential for judicial intervention in situations where the safety and well-being of protest leaders are at risk, especially in the context of prolonged hunger strikes. The court's actions also emphasize the need for transparency and accountability from government officials regarding the provision of healthcare during large-scale protests.
The underlying issue fueling Dallewal's protest – the demand for a legal guarantee of minimum support prices (MSP) for crops – remains unresolved. This core issue underscores the broader context of agrarian distress in India, which includes factors like stagnant yields, rising costs, debt burdens, and inadequate marketing systems. These broader concerns were addressed in an interim report from a high-powered committee constituted by the Supreme Court to investigate farmers' grievances. The committee’s suggestions, including exploring the possibility of legally enshrining MSP and providing direct income support, highlight the complexities of the farmers’ demands and the potential solutions that may address their concerns. The ongoing protest and the court’s intervention underscore the urgency of finding solutions to address the deep-seated issues within the agricultural sector in India and ensure the long-term well-being of the farming community. The next steps in the case will be crucial in determining whether Dallewal's health concerns can be resolved without compromising his right to protest and whether the government will address the underlying issues of agrarian distress that are fueling these protests.
Source: 'Irom Sharmila was also under medical watch': SC asks Punjab to conduct Dallewal's health tests