Sallekhana is Not Suicide

SR No.: 001568
Original Sutra Author: N/A
Author: T K Tukol
Publisher: L D Indology Ahmedabad
Publication Year: 1976
Total Pages: 124
Language: English
Classification: Book_English & Religion
File Size: 8 MB

Page 107

Sallekhanā is not Suicide
of the law then in force. This is a remarkable circumstance of great significance leading to an obvious inference that at no time was Sallekhana regarded as "revolting to the moral sentiments of the society" or repugnant to the law in force. It was never equated with suicide in India.
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The truth of the matter appears to be that Sallekhanā was unknown to the Europeans when the western languages started their development. They knew death by self-destruction which they called "suicide" and started using that word or its equivalent to cover even a death sanctioned by religion or brought about by fasting and meditation, motivated by selfrealization or religious piety.
Codified law in India is in English and naturally the word 'suicide' came to be used in the process. Modern laws do not refer expressly or by implication to deaths by Sallekhana or according to rules of any religion. Such deaths were common in ancient times when religion formed the basis of social structure and the kings had religious teachers as advisors. The constitutions of democratic countries guarantee freedom "to practise, propagate and preserve one's own religion." This right is subject in India only to interests of public order, morality and health. Every citizen has right to profess and practise his religion freely. It is one of the cardinal principles of Jaina religion that the noblest or the most spiritual way of meeting death is to resort to the vow of Sallekhana when, due to circumstances already mentioned, a person is unable to live up to his religion and maintain the purity of his mind and heart. Even if the Indian Penal Code does not refer to this freedom, the provisions relating to the fundamental "right to freedom of religion" enshrined in Article 25 of the Constitution override the law in the Penal Code or other identical provisions in any other law. The implications of the constitutional guarantee are that acts sanctioned by religion and performed in accordance with the prescribed rites would not be punishable under any law of the land. Any law which curtails the freedom guaranteed by the Constitution cannot have