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Ethics of Hunger Strikes
Context:Hunger-strikes have always raised a series of complicated moral questions, such as whether it is appropriate to provide medicine against the will of a person on strike; or if force-feeding could be a dangerous protocol.
Historical Context: Hunger strikes have been used since ancient times for spiritual or sacred reasons, but in modern times, they often serve as a political tool.
- Ancient Practices: Early instances include pre-Christian Ireland, where fasting was used to protest unpayable debts and shame creditors.
- Historical Mentions: Kalhana’s Rajatarangini references hunger strikes against royal edicts and taxes.
- Russian Context: Tsarist Russian political prisoners, including Leon Trotsky, used hunger strikes as early as the 1870s to protest prison conditions.
- Irish Revolutionaries:
- Thomas Ashe (1917): Died due to a force-feeding error.
- Terence MacSwiney (1920): Died after 74 days on hunger strike, followed by the deaths of 20 other Irish revolutionaries.
Indian Revolutionaries:
- Vasudev Balwant Phadke (1883): Died after a prolonged hunger strike.
- Bhagat Singh and Jatin Das (1929): Das died after 63 days on hunger strike, becoming known as the “Indian Terence MacSwiney.”
Mahatma Gandhi’s Approach:
- Concept of Fasting: Gandhi preferred ‘fasting’ as a tool for reform, not extortion.
- Chauri Chaura (1922): Fasted to end violence and succeeded in halting the non-cooperation movement.
- Poona Pact (1932): Undertook a fast to oppose British reservation policies, leading to the agreement with Dr. Ambedkar.
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- Gandhi vs. Ambedkar: Gandhi’s use of fasting was seen as a non-violent method of reform, while Ambedkar criticised such methods as outdated when constitutional means were available.
Notable Hunger Strikes in Independent India:
- Potti Sriramulu (1952): Undertook a fast-unto-death demanding the creation of Andhra Pradesh.
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- His death after 58 days led to violent protests and the eventual formation of Andhra Pradesh in 1953.
- Irom Sharmila (2000-2016): Began an indefinite hunger strike against the Armed Forces Special Powers Act after alleged killings by the Assam Rifles.
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- She was arrested for “attempted suicide,” force-fed through intravenous tubes, and continued her strike for 16 years before ending it in 2016.
- Mamata Banerjee (2006): Fasted for 25 days against land acquisition for the Tata Nano factory, resulting in the withdrawal of the project and her rise to political power.
- K Chandrasekhar Rao (2009): Fasted for statehood for Telangana, leading to a promise from the Congress party for its creation, which occurred in 2014.
- Anna Hazare (2011): His anti-corruption hunger strike led to the establishment of a committee for the Lokpal Bill, which passed in 2013.
Purpose of Hunger Strike :
- Immediate Defiance: A hunger strike is a direct and immediate form of resistance against authority.
- Organising Protests: It serves as a focal point for organising and drawing attention to a protest when other forms of dissent are unavailable.
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- Principles: Hunger strikes rely on the belief in a moral social order and the visibility of the protest to draw attention to the strikers’ demands or oppression.
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- Recent Examples:
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- Manoj Jarange-Patil: Led fasts demanding reservations for the Maratha community in Maharashtra.
- Sonam Wangchuk: Undertook a 21-day hunger strike for constitutional safeguards(demanding for 6th schedule ) for Ladakh.
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- Moral Appeal: The aim is to move those outside the prison or control of the authority by appealing to their sense of human dignity and common sense.
Constitutional Provision
Constitutional Right to Protest:
- Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression. This includes the right to peaceful protest, which allows citizens to voice their grievances and advocate for change.
- Reasonable Restrictions:While the right to protest is fundamental, it is not absolute. Reasonable restrictions can be imposed to maintain public order, safety, and the rights of others.
- For instance, if a mass hunger strike leads to unrest or jeopardises essential services, legal action may be taken.
- The Madras High Court Ruling:
- In the case of P. Chandrakumar v. State, the Madras High Court clarified that participating in a hunger strike does not amount to an offence under Section 309 of the Indian Penal Code (IPC). Section 309 criminalizes the attempt to commit suicide.
- The court emphasised that the right to life (Article 21) does not include the right to die.
- Therefore, hunger strikes, even if prolonged, are considered a legitimate expression of dissent rather than a suicidal act.
Ethical Considerations:
Hunger strikes create ethical dilemmas for both the participants and those who may be trying to prevent or intervene in the strike.
- Personal Dilemmas: Hunger strikes could demoralise weaker prisoners or cause internal conflict about the method.
- Nature of Hunger Strikes:
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- Non-Violent Paradox: Despite being a non-violent method, hunger strikes involve self-directed violence and reflect the complex nature of resistance against authority.
- State Response and Ethical Issues:
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- State Machinery: Post-independence, the Indian state has been responsible for handling hunger strikes, often focusing on suppressing the strike rather than addressing the demands.
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- Force-Feeding: This method can lead to severe complications, including death if improperly administered. It is often used as a means to break the strike and can involve physical violence.
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- Examples of Abuse:
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- Mohan Kishore Namadas: Died from “lobar pneumonia” during a hunger strike in Cellular Jail.
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- Bidhu Bhushan Sen: Hospitalised due to injuries from force-feeding.
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- State Monopoly on Violence: States with a monopoly on violence may ignore or abuse hunger strikers, leading to potential harm or death.
- Role of Individuals in State Operations:
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- Complicity and Resistance: The state’s actions are executed by individuals, and the ethical stance of these individuals influences whether such abusive practices are carried out.
- Comparison to Suicide: Hunger strikes, especially those resulting in death, are sometimes linked to suicide. The ethical question arises whether such acts are akin to self-murder or legitimate forms of protest.
Challenges and Future of Hunger Strikes:
- Weapon of the Weak: Hunger strikes are a tool for those with limited resources, serving as both individual and organised forms of protest.
- Impact and Efficacy: Their effectiveness depends on societal empathy and the State’s recognition of the strikers’ rights. A lack of recognition or brutal repression can lead to tragedy.
- Enduring Method: Despite the challenges, hunger strikes remain a powerful form of protest due to their visibility and the fundamental human appeal for justice and compassion.
- Alternative Methods: Lt. Col. Barker used alternative methods like placing food in cells and replacing water with milk to induce prisoners to break their fast, avoiding the brutality of force-feeding.