India is called the mother of democracy and exclaimed to be the world’s largest democracy. We fought for years against the Britishers to live that democracy which Lincoln called the rule of people, for the people and by the people, prevails.One of the most potent weapons against autocracy and misrule used to win this rule used by Mahatma Gandhi was hunger strike.
Hunger strike is a form of expression that forced even the autocrats to bow down to the demands of people. This mode of expression defined in Indian freedom of expression from Potti Sriramulu and today’s activist Sonam Wangchuk,a well-known scientist, reformer and environmentalist decided to go on a hunger strike in the aftermath of hundreds of paper leak and suicides of multiple students. He sat at Jantar Mantar 20 days ago and has lost over 10 kgs weight expressing his dissent, a fundamental right, using peaceful form of hunger strike.
The Right to protest peacefully is a fundamental right guaranteed to every citizen by the Constitution of India. It directly emerges from Article 19 [1] [a] Freedom of Speech and Expression and Article 19[1] [b] Right to assemble peacefully and without arms. This Right is not absolute; it is subject to reasonable restrictions under Article 19 [2] and 19[3]. The state can legally regulate or restrict protest to protect.
- The Sovereignty and Integrity of India.
- Public order, decency and morality.
- The security of state.
The State is bound to protect life;alterum non laederemeans not to injure another. It simply talks about the individuals have a fundamental right and a fundamental duty to refrain from causing physical, reputation, or financial harms to others through their words or deeds. Hunger strike is a historical means of expression and protest in India. Mahatma Gandhi, our father of nation and our role model, used hunger strike and nonviolence as a powerful method to achieve social and political change during India’s freedom movement. Gandhi ji believed that fasting was a form of self-sacrifice, not a way to force others through violence. He used hunger strike to encourage people to stop violence, promote unity and address social issues. Some of his famous fasts includeFast for Hindu- Muslim Unity in 1924.
Current Scenario
Sonam Wangchuk has been on an Indefinite hunger strike in support of the youth-led Cockroach Janta Party.
The protest centred on demands for accountability over alleged examination irregularities, including NEET paper leak and calls for the resignation of Union Education Minister Dharmendra Pradhan, which was realised on July 25.
More than 20 days without food, doctors warned that his health had become critical on July 18, Delhi police moved him to Safdarjung Hospital,saying they acted on medical advice and following directions from Delhi High Court.Wangchuk’s supporters have described the move as forcible and opposed it.
In a democracy, the government should be responsible, accountable towards its citizens and the government must act like guardian towards its people.We all know that the Constitution is the grundnorm of a country and we all should follow the rules which are laid down in it and the people must stand for justice, that is what faith demands. As a responsible citizen of a country what we expect from our government is to protect its citizen’s life and safeguard its fundamental right guaranteed under Article 21 of the Constitution of India.
Court’s View on the Matter
The Delhi High Court said:“Every citizen’s life is precious” and directed the authorities to monitor Wangchuk’s health on a daily basis.The court instructed that any medical intervention considered necessary should be undertaken based on the assessment of doctors, rather than issuing a blanket order for force feeding or other specific treatment.
In a subsequent hearing the Delhi High Court declined to order his transfer to a private hospital and directed that he continue treatment at Safdarjung Hospital until next hearing while rejecting the allegation that his hospitalisation amounted to illegal detention.
Senior advocatesKapil Sibaland Vivek Tankhaare providing legal representation for Wangchuk’s wife.Dr Vikas Singh, president Supreme Court Bar Association, visited Wangchuk at the protest site and publicly appealed for him to end his hunger strike, stating that “India does not need you to die for a broken system.”
Several other public figures also expressed solidarity.
Islamic View on Injustice
Islam ask us all to protest against injustice in any form we can. But hunger strike till death is not Islamic.
“Whoever among you sees an evil. Let him change it with his hand.If he cannot, then with his tongue; and if he cannot, then with his heart and that is the weakest of faith.”(Sahih Muslim, narrated by Abu Sa’id Al-Khudri)
The Treaty of Hudaibiyah teaches us to use peaceful means to combat injustice. Islam ask us to use peaceful means for a just society.
Democracy is not just about rule of people.The core of democracy lies in accountability as well. Wangchuk is just indefatigable and we all should be thankful towards him for fighting for the future of all our children.