7/23/2019 Santhara Jain Ritual

1/2

It took less than a minute for the Supreme Court on Monday to stay the Rajasthan High Courtorder that had compared Santhara, the Jain ritual of fasting unto death, with suicide and made itan offence punishable under the IC! Jains were as "uick to welcome the ape# court order asthey had been to denounce the High Court judgment of $ugust %&!

'hat was the Santhara case before the Rajasthan High Court(

In )&&*, Jaipur+based lawyer ikhil Soni filed a public interest litigation and sought directionsunder $rticle ))* to the central and state go-ernments to treat Santhara, the fast unto deathpractised by Swetambara Jains ./igambars call it Sallekhana0, as illegal and punishable underthe laws of the land! Calling it suicide and, therefore, a criminal act, the I1 also soughtprosecution of those supporting the practice for abetment to suicide! 2he I1 argued that deathby Santhara was not a fundamental right under $rticle )3 .freedom of conscience and freeprofession, practice and propagation of religion0, because it -iolated the right to life guaranteedunder $rticle )%! It argued that religious freedom is subject to public order, morality and health!+ See more at4 http455indiane#press!com5article5e#plained5the+jain+religion+and+the+right+to+die+by+santhara56sthash!i7y&28d!dpuf'hat did the Jain community say in defence of the practice(

Representati-es for the community argued that Santhara5Sallekhana is an ancient religious

practice aimed at self+purification! 2he -ow of Santhara5Sallekhana is taken when all purposes oflife ha-e been ser-ed, or when the body is unable to ser-e any purpose of life! It is not the gi-ingup of life, but taking death in their stride!

'hat did the court say in its order(

2he 9ench said that it was not established that Santhara or Sallekhana is an essential practice ofthe Jain religion! Jain scriptures or te#ts don:t say that moksha .sal-ation0 can be achie-ed onlyby Santhara5Sallekhana! $ccording to the judges, it was one thing to argue that Santhara is notsuicide, and "uite another to say that it is a permissible religious practice protected by $rticles )3and )*! 2he court asked the state to stop the practice in any form, and directed that anycomplaint made in this regard be registered as a criminal offence in accordance with Section ;&