“Issue notice. Leave granted,” a Bench comprising Chief Justice H L Dattu and Justice Amitava Roy said while staying the HC order and issuing notices to the Centre, Rajasthan and others.
The Bench was hearing a batch of petitions filed by various religious bodies of Jain community members against the High Court order on <g data-gr-id="29">Santhara</g>. The pleas had sought a stay on the High Court judgement, claiming it was passed without appreciating the basic philosophy and tenets of the Jain religion.
The Rajasthan high court had on August 10 held ‘Santhara’ as illegal making it punishable under Section 306 and 309 of IPC related to abetment of suicide. The petitions claimed that the High Court erred in equating the religious practice with the offence of suicide. The petition came in the backdrop of protests by the community in Rajasthan and some other states against the High Court order.
“Santhara or fast unto death is not an essential tenet of Jainism,” the HC had said, adding it cannot be termed as humane and is in violation with the basic human rights. A Public Interest Litigation(PIL) challenging the legality of ‘Santhara’ was filed in the High Court in 2006.
The petitioner’s lawyer had said ‘Santhara’, a ritual of fasting unto death by giving up food and water, was in violation of the Right to Life. If euthanasia is not allowed, <g data-gr-id="41">practice</g> of Sati is banned and suicide is illegal, ‘Santhara’ cannot be allowed either, he said.
The community lawyers had argued that ‘Santhara’ was a spiritual practice since times immemorial which the court must not interfere with. It is also known Sallekhana <g data-gr-id="34">Vruta</g>. On average, 240 Jains practice <g data-gr-id="35">sallekhana</g> until death each year in India.
What is <g data-gr-id="79">Santhara</g>?
Santhara is a ritual of fasting until death, which is prevalent among Jain community members. It is also known Sallekhana <g data-gr-id="82">Vruta</g>. On average, 240 Jains practice <g data-gr-id="83">sallekhana</g> until death each year in India. Sallekhana is not an exercise in trying to achieve an unnatural <g data-gr-id="80">death,</g> but is rather a practice intrinsic to a person’s ethical choice to live with dignity until death.