29 August 2024 – The Indian Express

Hunger Strikes as a Complex Tool for Protest

• Hunger strikes have emerged as a formidable and contentious tool for protest, often sparking significant ethical and legal debates. The recent spotlight on hunger strikes has rekindled discussions on their moral implications, particularly when considering the potential health risks and the ethical dilemmas faced by authorities and healthcare providers.

What are Hunger Strikes?

• Definition: Hunger strikes involve the voluntary refusal to consume food, and in some cases, water, as a form of protest.
• Purpose: This method is employed to highlight perceived injustices, demand changes, or exert pressure on authorities when other forms of protest have failed or are unavailable.
• Significance: Hunger strikes often serve as a last resort, demonstrating the protester’s deep commitment to their cause.

Historical Context of Hunger Strikes:

Ancient Practices:

• Pre-Christian Ireland: The ‘troscad’ (fast) was practiced as a means to shame creditors who failed to pay debts, emphasizing the ethical pressure on the debtor.
• Kashmir’s Rajatarangini: The ancient text references several instances where hunger strikes were used to oppose unjust royal decrees and taxes.

Modern Developments:

• Russian Political Prisoners (1870s): Utilized hunger strikes to protest against harsh prison conditions.
• Irish Republicans (1917-1920): Prominent figures like Thomas Ashe and Terence MacSwiney died during hunger strikes, drawing global attention to the Irish independence struggle.

Indian Freedom Fighters:

• Mahatma Gandhi: Described hunger strikes as a “powerful weapon in Satyagraha,” using them extensively during the Indian independence movement.
• Jatin Das (1929): His death after a 63-day hunger strike highlighted the brutal treatment of political prisoners, galvanizing public support.
• Bhagat Singh and Batukeshwar Dutt: Their hunger strikes in jail raised awareness about the deplorable conditions of prisoners, garnering widespread media coverage and support.

Modern Context of Hunger Strikes in Independent India:

• Potti Sriramulu (1952): His hunger strike was instrumental in the creation of the state of Andhra Pradesh.
• Irom Sharmila (2000-2016): Known as the “Iron Lady of Manipur,” she protested against the Armed Forces Special Powers Act (AFSPA) through a 16-year-long hunger strike, during which she was forcibly fed.
• Anna Hazare (2011): His hunger strike demanded the enactment of a stringent anti-corruption law, putting immense pressure on the Indian government.

Recent Instances:

• Manoj Jarange-Patil: His fasts aimed at securing reservations for the Maratha community.
• Sonam Wangchuk: A 21-day hunger strike demanding Constitutional safeguards for Ladakh.
• Khader Adnan: A Palestinian prisoner who died after an 87-day hunger strike in 2023, drawing international attention.

Arguments in Favor of Hunger Strikes:

Personal Autonomy and Freedom of Choice:

• Autonomy: Hunger strikes represent an individual’s autonomy and self-determination, asserting their right to make decisions about their own body and form of protest.
• Freedom of Expression: This non-violent method aligns with democratic values, allowing individuals to voice dissent peacefully.

Non-Violent Resistance:

• Ethical Preference: Hunger strikes, as a form of non-violent protest, are often seen as ethically superior to violent resistance, drawing attention to injustices without causing harm to others.
• Moral High Ground: Protesters enduring personal suffering rather than inflicting it on others can claim the moral high ground, emphasizing the injustice they are protesting against.

Raising Awareness of Injustices:

• Public and Media Attention: Hunger strikes can significantly raise awareness of issues that might otherwise be overlooked, increasing pressure on authorities to address the grievances.
• Symbolic Power: The act carries potent symbolism, showcasing the depth of the protester’s conviction and the gravity of the issue, potentially mobilizing public support.

Historical and Cultural Significance:

• Historical Precedent: The effective use of hunger strikes in various historical contexts, such as the Indian independence movement, lends ethical weight to the practice.
• Cultural Resonance: In certain cultures, hunger strikes resonate as a profound form of protest and sacrifice, evoking empathy and solidarity.

Challenging Power Dynamics:

• Pressure on Authorities: Hunger strikes challenge existing power dynamics, pressuring authorities to engage in negotiations and seek peaceful resolutions.

Arguments Against Hunger Strikes

Self-Harm and Preservation of Life:

• Deliberate Self-Starvation: Hunger strikes involve self-inflicted harm, raising ethical concerns about the legitimacy of causing such harm, especially when non-harmful alternatives exist.
• Preservation of Life: Ethical frameworks emphasizing the sanctity of life may conflict with the practice of hunger strikes, especially when they lead to severe health deterioration or death.

Coercion and Manipulation:

• Coercive Tactics: Hunger strikes can be viewed as coercive, pressuring authorities or the public to meet the protester’s demands, raising questions about the fairness of such tactics.
• Emotional Manipulation: The act can manipulate public sentiment, exploiting empathy and moral guilt, which may not always result in rational or just outcomes.

Impact on Others:

• Emotional Burden: Family, friends, and supporters often bear the emotional burden of a hunger strike, facing stress, anxiety, and guilt.
• Responsibility for Well-Being: The onus of the protester’s well-being may shift to others, who might feel obliged to intervene, conflicting with the protester’s autonomy.

Effectiveness and Moral Outcomes:

• Uncertain Results: There is no assurance that a hunger strike will achieve its goals, leading to ethical concerns about the proportionality and rationality of the protest.
• Questionable Moral Outcomes: Even if successful, the outcomes of hunger strikes may not always align with moral or ethical standards.

Exploitation and Vulnerability:

• Coerced Participation: Vulnerable individuals, such as prisoners or marginalized groups, may be coerced into hunger strikes by more powerful entities, raising concerns about exploitation and informed consent.

Legal and Medical Ethics:

• Legal Dilemmas: Authorities face ethical and legal challenges, particularly regarding the duty of care versus respecting the protester’s autonomy.
• Medical Ethics: Healthcare professionals may struggle with the ethical conflict between preserving life and respecting patient autonomy, particularly when dealing with self-inflicted harm.

Additional Considerations on Hunger Strikes:

Notable Perspectives:

• Mahatma Gandhi: Viewed fasting as a form of non-violent protest aimed at reforming those in power, used as a moral appeal rather than coercion.
• B.R. Ambedkar: Criticized hunger strikes as unconstitutional, advocating for legal and constructive methods to achieve social and economic objectives.

Legal Framework for Hunger Strikes:

• Geneva Convention: While the Geneva Conventions set standards for the treatment of wounded combatants, their application to hunger strikes remains ambiguous, especially in terms of the role of healthcare professionals.
• Indian Legal Context: The Madras High Court ruled that hunger strikes do not constitute an attempt to commit suicide under Section 309 of the IPC. However, Section 224 of the BNS Act penalizes attempts to influence public servants through hunger strikes with imprisonment, fines, or community service.

Conclusion: A Balanced Approach to Hunger Strikes:

• Clarity of Demands: The extreme nature of hunger strikes demands that protesters articulate clear, specific, and achievable goals, ensuring the protest is purposeful and not merely symbolic.
• Independent Mediation: Involving neutral third-party mediators can facilitate dialogue between hunger strikers and authorities, aiming for resolution without compromising health or safety. An ethical review board should evaluate the proportionality of the hunger strike.
• Healthcare Ethics Guidelines: Establishing clear guidelines for medical professionals can help balance the duty to preserve life with respect for patient autonomy, addressing complex issues like involuntary feeding.
• Public Awareness: Educating the public about the ethical dimensions of hunger strikes, including potential consequences and alternative forms of protest, is crucial.
• Legal Framework: Governments should consider creating specific legal frameworks to regulate hunger strikes, focusing on mediation, ethical review, and the protection of the striker’s rights.
• Positive Incentives: Policies should encourage peaceful protest and dialogue, offering support for mediation and civil society engagement, rather than focusing solely on the consequences of hunger strikes.
• By striking a balance between respecting the autonomy of individuals and ensuring public safety, society can navigate the complex ethical terrain of hunger strikes, fostering dialogue and peaceful resolution of conflicts.