Decoding The Judgement on Sallekhana Santhara of The Rajasthan High Court

SR No.: 250435
Original Sutra Author: N/A
Author: C Devkumar Jain
Publisher: C Devkumar Jain
Publication Year: 2015
Total Pages: 25
Language: English
Classification: Article
File Size: 671 KB

Page 13

to take food is not an offence under section 309 of the Indian Penal Code which deals with suicide and that it is not an offence because it does not injure others. It was finally concluded in the book that it is a noblest way to die in the pursuit of immortality
29. In the written arguments filed by Shri Vimal Choudhary, Advocate, Shri Sunil Nath, Advocate appearing for respondent no.3, Shri Anuroop Singhi, Advocate settled by Shri J.K.Singhi, Senior Advocate, Shri Vivek Dangi/Vijay Choudhary, Advocates settled by Shri Virendra Dangi, Senior Advocate, Shri Ajit Maloo, Advocate settled by Shri N.K.Maloo, Senior Advocate, Shri Hemant Sogani/Himanshu Sogani, Advocates appearing for the applicant- Veerendra Kumar Jain and Shri Ajit Bhandari, Advocate appearing for the respondent no.4, reliance has been placed on various books and articles and references have been made to the religious scriptures including the opinions of Shri Swami Samantbhadra Acharya, Shrimadacharya Puivapad, Shri Acharaya Uma Swami and Shri Dhyan Sagar Ji Maharaj and articles of Justice T.K.Tukol and Justice N.K.Jain. Reliance has also been placed on various studies carried out by the scholars including the scholars of Jain Vishva Bharathi University, in support of the argument that the Santhara or Sallekhana is not by way of suicide, but for attaining the moksha and it is accepted form of death in the Jain religion for salvation.
30. References have also been made to the Acharanga Sutra (pages 421, 432, 438, 439 and 444) and preaching of Jain Muniji Maharaj. References have also been made to Sutra 122 Ratnakaranda Sravakacara, Shree Bhagwati Sutra from "Death with Equanimity" (Para 0.2.06), Jnata Dharma Kathanga Sutra, Rai Paseniva Sutra, Acharanga Sutra, Sthnang Sutra, Acharanga Sutra (page 252 to 255) and Acharanga Sutra (pages 262 to 267).
31. In all the written arguments, reliance has been placed on the judgments of the Supreme Court in Gian Kaur (supra) and Aruna Ramchandra Shanbaug (supra), in which the debate of voluntary death by a peaceful method