Jain body approaches SC against HC terming santhara illegal

A Jain body on Tuesday approached the Supreme Court challenging a Rajasthan high court order that had termed ‘santhara’, a religious ritual of fasting until death, as illegal.

Sthanakvasi Jain Shravak Sangh, in its petition before the Apex Court, sought a stay on the High Court judgment, claiming that it was passed without appreciating the basic philosophy and tenets of the Jain religion.

The High Court had on August 10 had held ‘santhara’ as illegal, making it punishable under Sections 306 and 309 of the IPC related to abetment of suicide. 

The petition claimed that the high court erred in equating the religious practice with the offence of <g data-gr-id="29">suicide,</g> while the fact is a “vow <g data-gr-id="28">taken</g> to purify the soul”. “<g data-gr-id="24">Santhara</g> is an ancient and old practise as old as the religion as the faith itself and the observations of the High Court in this regard is <g data-gr-id="25">exfacie</g> wrong and the references to the practice are found as far back as in Samvat 1389,” the plea said.

“Article 25 (of Constitution) protects a right of every person to the 'freedom of conscience' which entitles a person to a right to have his own beliefs and faith and as such the <g data-gr-id="16">so called</g> 'modern' thinking cannot be imposed on the members of the Jain community,” it said.

The petition came in the backdrop of protests by the community in Rajasthan and some other states against the high court order.