Historical context of the Hunger Strike

Hunger Strike

Hunger strikes have always raised complex ethical questions, such as whether it is appropriate to administer medication against the wishes of the person on strike or whether force-feeding is a risky practice.

Hunger strike:

A hunger strike is a form of protest that involves voluntary deprivation of food and sometimes even water.
They are used to motivate, discourage, or pressure others by exposing injustice or demanding change.
This method of protest can be seen as a last resort when other means of protest are unavailable or ineffective.

Historical context of the hunger strike:

The Ancient Traditions:

According to pre-Christian Irish law, troscad (fast) was observed to protest unpaid debts and to shame the creditor.
Kalhana’s Rajatarangini (an account of the royal dynasties of ancient Kashmir) also mentions hunger strikes against undesirable royal orders or taxes several times.

The modern development:

Russian political prisoners (1870s)

resorted to hunger strike to protest prison conditions.

Irish republicans (1917-1920)

Prominent figures such as Thomas Ashe and Terence McSweeney died during hunger strikes, bringing attention to the Irish independence movement.

Indian Freedom Fighters:

Mahatma Gandhi:

He described fasting as “a great weapon in the armoury of Satyagraha” and protested it at least 20 times during the freedom movement.

Jatin Das (1929):

died after a 63-day hunger strike highlighting the inhumane treatment of political prisoners.

Bhagat Singh and Batukeshwar Dutt:

protested poor prison conditions, which attracted widespread support and media attention.

Modern context of hunger strike in independent India:

Potti Sriramulu (1952):

His hunger strike led to the formation of Andhra Pradesh state.

Irom Sharmila (2000-2016)

protested the Armed Forces (Special Powers) Act (AFSPA) in Manipur and raised human rights issues.
He continued the hunger strike for 16 years, but he was force-fed from time to time.

Anna Hazare:

He began a hunger strike in 2011 to press the Indian government to enact a tough anti-corruption law.

Recent example:

Activist Manoj Jarange-Patil’s fast demanding reservation for the Maratha community.
Sonam Wangchuk’s 21-day hunger strike for constitutional safeguards for Ladakh.
Palestinian prisoner Khader Adnan died after an 87-day hunger strike in 2023.

Arguments in favor of the hunger strike:

Personal autonomy and freedom of choice:

Autonomy:

Hunger strikes are seen as an expression of individual autonomy and self-determination. Individuals have the right to make decisions about their bodies and protest as they wish.

Freedom of Expression:

Hunger strike is a form of freedom of expression and a method for individuals to express their dissent in a peaceful manner. It is aligned with democratic values and the right to protest.

Non-violent resistance:

Non-violence:

A hunger strike is a form of non-violent protest, which can be morally superior to violent resistance. This approach can draw attention to injustice without harming others.

The moral high ground argument:

Hunger strikers can claim a moral high ground by choosing to suffer personally rather than to cause suffering to others. Their willingness to endure personal suffering may highlight the perceived injustice against which they are protesting.

Drawing attention to injustice:

Awareness:

Hunger strikes can effectively draw the attention of the public and the media to issues that might otherwise be overlooked. This can lead to increased awareness and pressure on the authorities to address the grievances being protested.

The symbolic power:

The act of hunger strike carries powerful symbolism. This shows the depth of the protesters’ conviction and the seriousness of the issue, potentially galvanizing public opinion and support.

Cultural and historical significance:

Historical examples:

Hunger strikes have been used effectively in many historical contexts, such as the suffrage movement, the Indian independence movement led by Mahatma Gandhi, and more recently for political prisoners. This historical context gives moral significance to this practice.

Cultural resonance:

In some cultures, hunger strikes resonate deeply as a form of protest and sacrifice (Santhara practice of Jains). They can elicit sympathy and solidarity from the community and the wider society.

Challenging the dynamics of power:

Hunger strikes can challenge the dynamics of power by putting pressure on those in power to meet the demands of the protesters. This could lead to a negotiated and potentially peaceful resolution.

What are the arguments against the hunger strike:

Self-harm:

Hunger strikes involve deliberately starving oneself, which can lead to serious health consequences or even death.
From a moral point of view, deliberately harming oneself can create a crisis, especially if other non-harmful ways of protesting exist.

Conservation of life:

Many ethical frameworks, including religious and philosophical traditions, emphasize the importance of conservation of life. Hunger strikes, especially those that lead to serious health degradation or death, may be contrary to these principles.

Harassment and manipulation:

Persecution / coercion:

A hunger strike can be seen as a form of coercion, in which the authorities or the public are pressured to meet the demands of the protesters.
It can raise ethical questions about the fairness and legality of one’s own demand.

To be confused:

Hunger strikes exploit empathy and moral guilt to confuse public sentiment and decision-making processes by influence, which may not always lead to rational or equitable outcomes.

The impact on others:

The emotional burden:

Hunger strikes can place a significant emotional burden on family, friends and supporters who may suffer from stress, anxiety and guilt.
It raises ethical concerns in the context of the wider impact of protests on innocent parties.

Responsibilities:

Responsibility for the well-being of the strikebreaker may fall on others who may be obliged to intervene to save the person’s life, and this could potentially be against the strikebreaker’s autonomy.

Effectiveness:

Doubted effectiveness:

There is no guarantee that the hunger strike will achieve its intended goals. Ethical concerns can also be raised about the proportionality and reasonableness of the opposition.

The moral consequences:

Even if successful, the consequences of a hunger strike may not always be morally justifiable.

Exploitation and Vulnerability:

Exploitation:

Vulnerable individuals, including prisoners or marginalized groups, may be coerced or influenced to participate in hunger strikes by more influential actors, raising concerns about exploitation and informed consent.
It can be seen as a morally problematic state of frustration rather than a real option.

Legal and medical ethics:

The legal responsibilities:

Officers may face legal and ethical dilemmas regarding their duty of care.
For example, force-feeding a hunger-striker can be seen as a violation of their autonomy, but non-interference can be seen as neglect.

The ethics of medicine:

Healthcare professionals may face a conflict between their duty to respect patient autonomy and saving lives.
The moral principle of “do no harm” can be challenged through the harm caused to oneself by the hunger striker.

Other dimensions of the hunger strike:

Important Thoughts on Hunger Strike:

Mahatma Gandhi preferred the word ‘fast’ and used it as a form of non-violent protest.
Fasting was done with the aim of demanding reform from those in power and appealing to their conscience.
It was believed that fasting should be used for reformation against the “lover” (someone one loves) rather than for taking away rights.
Dr. B. R. Ambedkar: Criticized the hunger strike as an ‘unconstitutional method’.
Calls for a constructive approach within the legal framework to achieve social and economic objectives.

Legal framework for hunger strike:

Geneva Convention:

The Geneva Convention sets standards for the treatment of wounded combatants / hunger strikers, but it is not clear how these guidelines apply to hunger strikers.
Hunger strikes as a form of protest can be seen as an extension of war, which complicates the role of health professionals.

Indian Context:

The Madras High Court had ruled that sitting on a hunger strike cannot be considered an offence under Section 309 (attempt to commit suicide) of the IPC and it would not be considered an attempt to commit suicide.
However, as per Section 224 of the BNS, any person who attempts to commit suicide to prevent or compel a public servant to do his work, can be punished with imprisonment up to one year, fine, both or community service.

Suggestions:

Clear and specific requirements:

To justify the extreme measure of a hunger strike, the demands must be clearly articulated, specific and achievable. This ensures that the protest is not just a symbolic gesture, but a targeted action with the possibility of resolution.
A neutral third-party arbitrator should be involved from the outset. Their role will be to facilitate a dialogue between the hunger strikers and the authorities concerned, aimed at finding a solution without compromising the health or safety of the protesters.
An independent ethics review board should assess the proportionality of the hunger strike.

Health care ethics guidelines:

Clear guidelines should be established for medical professionals treating hunger strikers.
These guidelines must strike a balance between the duty to save lives and respect for the autonomy of the patient. They must also address issues such as involuntary feeding, which raises complex ethical questions.

Public Awareness and Education:

Society should be educated about the moral implications of a hunger strike. This includes understanding the potential consequences for the individual, the impact on the community, and the importance of seeking alternative forms of protest.

The legal framework:

Governments should consider developing specific legal frameworks to regulate hunger strikes. This could include provisions for mediation, ethical review and protection of the rights of hunger strikers, as well as ensuring public safety.

Positive incentives:

Instead of focusing solely on the negative consequences of hunger strikes, policies should promote positive incentives for peaceful protest and dialogue. This may include support for mediation services, civil society organisations and forums for constructive engagement.