Supreme Court on Hunger Strikes

Recent judicial observations have reaffirmed that the State has a constitutional duty to protect the life of a person on a hunger strike while respecting the right to peaceful dissent.

Key Points

Right to Protest: The Supreme Court has recognised hunger strikes as a constitutionally protected form of peaceful protest under the right to freedom of speech and expression.
State's Duty of Care: The Court has held that the government must ensure timely medical care for a person on an indefinite fast without forcibly ending the protest, unless it is necessary to save life.
Jagjit Singh Dallewal Case: In 2024, the Supreme Court directed the Union Government and the Punjab Government to provide adequate medical assistance to the fasting farmer leader while respecting his decision to continue the protest.
Reasonable Restrictions: The Court has held that peaceful protests can be restricted only when they pose a genuine threat to public order or communal harmony.
Constitutional Principle: The judiciary has consistently balanced the right to life (Article 21) with the right to freedom of speech and peaceful protest (Article 19).