Hunger Strike
GS: GS PAPER II — Polity, Fundamental Rights & Constitutional Law
A form of non-violent protest where a person voluntarily abstains from food. No explicit constitutional right, but protected under Article 19 (freedom of speech/assembly) and Article 21 (right to life).
Key Points to Remember
- Definition: Non-violent protest by voluntary abstention from food to press for demands or draw attention to causes.
- Constitutional Basis: No explicit constitutional right to hunger strike. Protected under Article 19(1)(a) [freedom of speech] and Article 19(1)(b) [peaceful assembly], subject to reasonable restrictions.
- Right to Life (Article 21): State has positive obligation to protect life of a person, including indefinite hunger striker.
- Supreme Court View: State cannot remain passive if hunger strike endangers life; may intervene to preserve life while respecting constitutional rights.
- Distinction: Different from attempted suicide as primary objective is expressing dissent/seeking redress, not ending life.
- Famous Examples: Mahatma Gandhi, Potti Sriramulu (Andhra Pradesh formation), Irom Sharmila (14-year fast against Armed Forces Special Powers Act).
Exam Significance
- Tests understanding of Article 19 (freedoms) and Article 21 (right to life) intersection.
- Examines balance between constitutional rights and state’s duty to protect life.
- Important for questions on non-violent protest and civil disobedience in India.
- Related to landmark Supreme Court judgments on constitutional protection of protest.
Prelims MCQ Practice
With reference to hunger strikes in India, consider the following statements: 1. The Constitution explicitly recognizes the right to undertake an indefinite hunger strike as a Fundamental Right. 2. The Supreme Court has held that the State has a duty to protect the life of a person undertaking an indefinite hunger strike. 3. The right to peaceful protest under Article 19 is subject to reasonable restrictions.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b)
Statement 1 is incorrect — the Constitution does not explicitly recognize a right to hunger strike. 2 nd statement is correct — SC emphasized State’s obligation under Article 21 to protect life. Statement 3 is correct — freedoms under Article 19 are subject to reasonable restrictions.
