One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: In India, High Courts and district courts are generally closed on Saturdays and Sundays for regular business, except for urgent matters before a duty judge. Lawyers may not be easily reachable on weekends. In a hunger strike case, the state cannot force-feed but can monitor, and the right to life does not include a right to die through starvation. The legal system has emergency procedures even on holidays.
A client from Indore was in a tough spot. It was a Saturday afternoon. A relative had been on a hunger strike for 20 days. The family feared for his life. They wanted immediate legal intervention — a court order for medical intervention or at least to stop the protest. But every lawyer they called was unavailable. Some said court was closed. Others didn't pick up. Panic set in.
They then approached the Chamber of Advocate Sudhir Rao. The first thing we did was explain how the court system actually works on weekends. Advocate Sudhir Rao and his office immediately identified that while the regular court was shut, a duty judge could be moved in an emergency. But here's the catch — not every matter qualifies as an emergency. A hunger strike, the Supreme Court has held, does not automatically give the state the right to force-feed. The government can monitor the person's health. It can intervene if life is in danger. But it cannot force medical treatment without consent.
The client's situation wasn't one of immediate death. The person was conscious, speaking, and had refused food voluntarily. So no court would have issued an urgent order that day. We advised the family to approach the local police station to ensure a doctor was present at the site. That was the immediate, practical solution. The specialised handling of this matter at the Chamber of Advocate Sudhir Rao ensured the client understood the realistic legal options and avoided wasting time on a Saturday chase for a non-existent urgent hearing.
Key Facts of the Case
- The hunger striker was an adult who had voluntarily refused food for 20 days.
- The incident occurred in Indore; lawyers were contacted on a Saturday when regular courts were closed.
- The family wanted a court order for force-feeding — but the law does not permit that without consent.
- The Supreme Court has clearly held that the right to life under Article 21 does not include a right to die.
- However, the state can monitor vital parameters and intervene if life is in imminent danger.
- No lawyer was available because High Courts and district courts are closed on weekends for regular hearings.
- A duty judge is available only for true emergencies — like imminent death, illegal detention, or arrest threats.
- The client was advised to approach the police for medical supervision as an interim measure.
The Direct Legal Answer
Why couldn't you find a lawyer on a Saturday? Simple. Most courts in India — High Courts, district courts, and sessions courts — are closed on Saturdays and Sundays for regular business. While a duty judge is available for urgent matters, the definition of "urgent" is very narrow. A 20-day old hunger strike where the person is conscious and not in immediate danger doesn't qualify.
And here's the legal position on hunger strikes themselves. The Supreme Court has held that while the right to life is fundamental, it does not include a right to die. So you cannot compel the state to kill you through starvation. But equally, the state cannot force-feed a competent adult who has voluntarily refused food. The correct legal approach is to monitor the person's health and intervene only when life is at immediate risk.
So, if you're in an emergency on a weekend, here's what you do:
- Contact the duty judge's office — every High Court has a roster. Call the court registry.
- File a habeas corpus petition if the person is in illegal custody — that's always urgent.
- Go to the police station — they can arrange medical help even without a court order in a life-threatening situation.
Remember — lawyers aren't "dead." They just follow court schedules, like judges do.
Advice in Such Cases
First, don't panic. Not every problem requires a court order, especially on a weekend. Assess the immediacy of the risk. If someone is on a hunger strike but is conscious and talking, the legal system will not treat it as a 2 AM emergency.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, understand the difference between an actual emergency and a perceived one. A person being illegally detained — that's a habeas corpus matter, always urgent. A hunger strike — that's a medical-legal issue, not a Saturday emergency. Third, document everything — videos, statements, medical reports. This evidence is crucial if you do need to approach court on a Monday.
This is where specialised legal knowledge matters. A general practitioner might not know the precise boundaries of the right to life or the state's duty to intervene. Advocate Sudhir Rao's office regularly handles such medico-legal matters and can tell you within minutes whether you have a case worth filing urgently or if you're better off waiting till Monday.
Applicable Sections of Law
- Article 21 of the Constitution of India — Right to life and personal liberty. Includes the right to refuse medical treatment but not the right to die.
- Section 162 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) — Police may require attendance of witnesses, but cannot detain without arrest for a non-cognizable matter.
- Section 305 BNSS — Procedure when a person of unsound mind is accused; analogous principles apply to persons who may be mentally unfit due to prolonged hunger strike.
- General Clauses Act, 1897 — Courts are deemed to be closed on holidays; urgent applications are governed by specific rules of each High Court.
- Relevant High Court Rules (varies by state) — Most High Courts have rules for listing urgent matters before a vacation or duty judge.
Jurisdiction — Where to File the Case
For a hunger strike case, you would typically file a writ petition under Article 226 of the Constitution at the jurisdictional High Court (here, the Madhya Pradesh High Court at Jabalpur, with a bench at Indore). The petition would seek a direction to the state to provide medical supervision or to protect the person's life. For immediate relief like medical intervention, the police station local to the incident has jurisdiction. If the person is in danger of death, the nearest magistrate can also be approached under Section 175 BNSS for emergent orders. Jurisdiction matters because filing in the wrong court wastes precious time — and in a life-threatening situation, time is everything.
What if Police Refuse to File FIR?
- Approach the Superintendent of Police — File a written complaint showing the risk to life.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS if police inaction amounts to dereliction of duty.
- Writ of mandamus — Approach the High Court to direct the police to act.
- Document everything — Get a receipt or acknowledgment of your complaint. Without it, you have no proof.
Rights of the Accused
- Right to remain silent — Article 20(3) protects against self-incrimination. The hunger striker cannot be compelled to speak.
- Right to legal representation — Article 22 guarantees the right to consult a lawyer.
- Right to be produced before a Magistrate within 24 hours — If the person is arrested, this is mandatory.
- Right to know grounds of arrest — If detained, the person must be informed immediately.
- Right to refuse medical treatment — A competent adult has the right to refuse food or medicine, within limits set by law.
Bail Provisions
This case does not involve arrest or detention of the hunger striker, but if the person were to be arrested for creating a public nuisance or for abetting suicide, the offence may be bailable or non-bailable depending on the specific charge. Generally, non-cognizable offences under the BNS related to public order are bailable. Anticipatory bail under Section 482 BNSS would be available only if there is a genuine fear of arrest. Regular bail under Section 480 BNSS would be the remedy post-arrest. However, in hunger strike cases, bail is rarely the issue — the focus is on medical supervision, not criminal prosecution.
Quashing of FIR / Case
If an FIR is registered against a hunger striker, quashing under Section 528 BNSS (inherent powers of the High Court) would be possible if: (1) the FIR does not disclose a cognizable offence, (2) the allegations are absurd or inherently improbable, or (3) the matter is purely civil in nature. However, courts rarely quash FIRs in cases involving potential harm to life or public order. The better strategy is usually to negotiate — end the hunger strike in exchange for no prosecution. Quashing is a long-term remedy, not an emergency one.
If You Are the Victim
- Call the police immediately — report the risk to life. Get an incident report.
- Document the hunger strike — videos, dates, medical reports, witness statements.
- Approach the nearest magistrate — you can directly apply for medical intervention.
- Contact a lawyer with medico-legal experience — a general practitioner may not know the nuances of the right to refuse treatment.
- Don't wait for Monday — if life is at imminent risk, the police can act even on a holiday. Use Section 175 BNSS powers.
Documents You Must Keep Ready
- Identity proof of the hunger striker (Aadhaar, PAN, voter ID).
- Medical reports — any doctor's assessment of vital parameters.
- Video/photo evidence — showing the person's condition over the 20 days.
- Written statements from witnesses who observed the hunger strike.
- Police complaints filed — copies of any earlier applications.
- Court orders — if earlier petitions were filed.
- Consent documents — if the person has signed any statement refusing food.
What Evidence Is Required?
- Primary evidence: Direct testimony of the hunger striker (if possible) and eye-witnesses.
- Documentary evidence: Medical records, hospital admission papers, police diary entries.
- CCTV footage — if the strike is at a public location.
- Expert evidence — a doctor's opinion on the risk to life and whether force-feeding is necessary.
- Circumstantial evidence — can include the person's refusal to accept food, letters written, or videos of the protest.
- Secondary evidence — certified copies of medical records if originals are with the hospital.
How Courts Typically Approach Such Cases
Indian courts take a cautious approach to hunger strikes. The Supreme Court has consistently held that the right to life under Article 21 does not include the right to die, but it also protects an individual's bodily autonomy. So courts do not order force-feeding unless the person is mentally incapable of making the decision. The judiciary's role is to balance the state's duty to preserve life with the individual's right to refuse treatment. In practice, courts direct medical supervision, monitoring of vitals, and intervention only when death is imminent. They avoid issuing orders that would turn the state into a force-feeding machine. This is a highly fact-specific area, and each case turns on the person's mental state and the degree of risk.
Timeline of Legal Process
- Day 1-2: Approach police or magistrate. File application for medical supervision.
- Day 2-7: If police refuses to act, file writ petition before High Court (Monday if urgent).
- Day 7-14: Court issues notice to state and health department. May appoint a medical board.
- Day 14-21: Medical board submits report. Court passes interim orders for monitoring.
- Month 2-3: Final hearing — court decides on long-term solution (end strike, medical intervention, or close case).
- Appeal: If aggrieved, Supreme Court special leave petition under Article 136 within 90 days.
How Long Will the Investigation Take?
There is no criminal investigation in a typical hunger strike case unless a crime is alleged (like abetment to suicide). If police register a case, investigation under the BNSS must be completed within 60-90 days for most offences. For non-bailable offences, chargesheet must be filed within 60 days of arrest. For bailable ones, the period is longer. But in most hunger strike cases, the police simply monitor the situation and close the file without charges — the real urgency is medical, not investigative.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — in hunger strike cases, out-of-court settlement is often the most practical solution. The state can agree to address the person's grievances, and the striker can agree to begin receiving food. This can be done through mediation, discussions with the district administration, or even before a Lok Adalat if the matter is already in court. However, if the hunger strike is political or involves a criminal demand (like release of a prisoner), settlement may not be possible. Courts encourage out-of-court resolution where the person's life is at stake — because no one wins a death.
Common Mistakes People Make
- Panicking and calling every lawyer on a weekend — Instead, check if the court has a duty judge roster. A qualified lawyer knows where to look.
- Engaging a lawyer without medico-legal experience — A general practitioner may not know the precise boundaries of the right to refuse treatment. This is nuanced law. The right lawyer makes the difference.
- Assuming every hunger strike is an emergency — Courts will not order force-feeding unless death is imminent and the person is mentally incapable. Know the legal test before you file.
- Filing a petition without documentation — Without medical reports, videos, or witness statements, courts will not act. Gather evidence first.
- Posting about the situation on social media — This can prejudice the case, especially if it involves allegations against the government. Let the law take its course.
- Waiting for a Monday — If life is truly at risk, the police and magistrate can act immediately. Don't wait — use Section 175 BNSS powers right away.
FAQs People Normally Have
Can the court order force-feeding of a hunger striker?
No — not unless the person is mentally incapable of making the decision. For a competent adult, force-feeding violates bodily autonomy. The state can monitor but not force.
What should I do if someone I know is on a hunger strike and I'm worried?
Call the local police and ask for medical supervision. If the person is in immediate danger, approach the nearest magistrate for an urgent order. Document everything.
Is a hunger strike a crime?
Not by itself. But if it involves intimidation, public nuisance, or abetment to suicide, it could lead to criminal charges under the BNS. It's a legal grey area.
Can I get anticipatory bail if I'm afraid of being arrested for a hunger strike protest?
Yes — if there is a genuine threat of arrest, you can file for anticipatory bail under Section 482 BNSS. But courts are less likely to grant bail if the protest involves violence or harm to others.
How long does a writ petition take in High Court for a hunger strike?
Initial orders can come within 24-48 hours if filed urgently. Full hearings may take weeks or months depending on the court's workload. The speed depends on how clear the risk to life is.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India