On the Ethics of Hunger Strikes as a Mode of Protest

Hunger strikes are in the news because they bring up hard moral questions. Like, should we give medicine to someone on strike if they don't want it? Or is force-feeding okay? Recent events make people talk about these things again.

What Are Hunger Strikes?
A hunger strike is when someone stops eating, and sometimes drinking water, to make others listen and change things. People usually do this when other ways to protest don't work.

Historical Examples
Ancient Practices:

1. In old Ireland, people did a "troscad" (fast) to shame creditors and protest debts they couldn't pay.
2. In ancient Kashmir, people went on hunger strikes against bad rules or taxes made by kings.

Modern Development:

1. 1870s: Russian political prisoners protesting prison conditions
2. 1917-1920: Irish Republicans (e.g., Thomas Ashe, Terence MacSwiney)
3. Indian Freedom Fighters:
   1. Mahatma Gandhi: Used fasts as a "weapon in the armoury of Satyagraha"
   2. Jatin Das (1929): 63-day hunger strike
   3. Bhagat Singh and Batukeshwar Dutt: Protested poor prison conditions

Post-Independence India:

1. Potti Sriramulu (1952): Led to the formation of Andhra Pradesh
2. Irom Sharmila (2000-2016): 16-year protest against AFSPA in Manipur
3. Anna Hazare (2011): Anti-corruption law demand

Recent Examples:

1. Manoj Jarange-Patil: Demanding reservations for the Maratha community
2. Sonam Wangchuk: 21-day strike for Constitutional safeguards in Ladakh
3. Khader Adnan: Palestinian prisoner who died after an 87-day hunger strike in 2023

Ethical Arguments

Arguments in Favor of Hunger Strikes:

Arguments Against Hunger Strikes:

Choosing for Yourself: Hunger strikes show that you're in charge of your own body and can make your own choices. Speaking Up: They're a way to say what you think peacefully, without hurting anyone. Showing You're Serious: They show how much you care about the issue and can make others listen. History and Culture: Hunger strikes have been used before and have special meaning in some cultures. Challenging Power: They can make people in power listen and maybe even change things.

Hurting Yourself: They can hurt you or even kill you, which is not good. Making Others Worry: They can make others, like family and friends, feel bad. Not Always Working: There's no guarantee they'll make things change. Forcing Others: They can make others do things they don't want to do, which isn't fair. Hurting Others: They can hurt other people, like when weak people are forced to join in.

Significant Views and Legal Framework
Notable Perspectives:

1. Mahatma Gandhi:
   1. Preferred term "fasting" over "hunger strike"
   2. Viewed as a means to reform those in power by appealing to conscience
   3. Believed it should be used against a "lover" for reform, not to extort rights
2. Dr. B.R. Ambedkar:
   1. Criticized hunger strikes as "unconstitutional methods"
   2. Advocated for constructive approaches within legal frameworks

Legal Considerations:

1. Geneva Convention:
   1. Sets standards for treating wounded combatants
   2. Application to hunger strikers is unclear
2. Indian Context:
   1. Madras High Court: Hunger strikes do not constitute attempt to suicide under Section 309 of IPC
   2. Section 224 of BNS: Punishes suicide attempts to force or stop public servants from doing their job

Ethical Way Forward:

1. Clear and Specific Demands:
   1. Ensure demands are articulate, specific, and achievable
   2. Justifies the extreme measure of a hunger strike
2. Independent Mediation:
   1. Involve neutral third-party mediators
   2. Facilitate dialogue between protesters and authorities
3. Healthcare Ethics Guidelines:
   1. Establish clear guidelines for medical professionals
   2. Balance duty to preserve life with respect for patient autonomy
4. Public Awareness and Education:
   1. Educate society about ethical implications of hunger strikes
   2. Promote understanding of consequences and alternatives
5. Legal Framework Development:
   1. Consider specific laws to regulate hunger strikes
   2. Include provisions for mediation, ethical review, and rights protection
6. Positive Incentives:
   1. Promote alternatives to hunger strikes
   2. Support mediation services and platforms for constructive engagement

Conclusion:
Hunger strikes remain a complex and ethically challenging form of protest. While they can be powerful tools for drawing attention to injustices, they also raise serious concerns about self-harm, coercion, and the broader impact on society. Moving forward, a balanced approach that respects individual autonomy while promoting alternative forms of peaceful protest and dialogue may help address the ethical dilemmas posed by hunger strikes.

 

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