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 19

39. In order to save the practice of Santhara or Acharya Kunda Kunda's classification is the Sallekhana from the vice of criminal offence only hope. But it will be difficult to prove under section 309 IPC, the argument that that it is acceptable to all sects. In fact, not Santhara or Sallekhana is an essential religious all yati's and vrati's have been lucky to practice of the Jain religion, has not been adopt this sacred practice. established.
40. The Constitution does not permit nor include under Article 21 the right to take one's own life, nor can include the right to take life as an essential religious practice under Article 25 of the Constitution.
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No religious practice, whether essential or non- Without prejudice to the sovereignty of our essential or voluntary can permit taking one's nation, I do not know under which Article, own life to be included under Article 25. The we send our Commandos and army men to right guaranteed for freedom of conscience and face the risk of death. Such decisions are the right to freely profess, practice and mostly political or creation of policy. propagate cannot include the right to take one's
Under which law, the fasts under Satyagrah life, on the ground that right to life includes the
and by Anna Hazare in recent years were right to end the life. Even in extraordinary
allowed? circumstances, the voluntary act of taking one's life cannot be permitted as the right to practice and profess the religion under Article 25 of the Constitution of India.
42. The respondents have failed to establish that Unlike Sati, there was no historical record the Santhara or 'Sallekhana' is an essential banning Santhara/Sallekhana even during religious practice, without which the following of Muslim rule. This point must be brought out the Jain religion is not permissible. There is no in the Review petition. evidence or material to show that the Santhara
It is time we update our collection of or Sallekhana has been practiced by the persons
epigraphical records. professing Jain religion even prior to or after the promulgation of the Constitution of India to protect such right under Article 25 of the Constitution of India.
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43. The writ petition is allowed with directions to We need to seek stay of the judgment and the State authorities to stop the practice of pursue for its reversal. 'Santhara' or 'Sallekhana' and to treat it as suicide punishable under section 309 of the Indian Penal Code and its abetment by persons under section 306 of the Indian Penal Code. The State shall stop and abolish the practice of 'Santhara' and 'Sallekhana' in the Jain religion in any form. Any complaint made in this regard shall be registered as a criminal case and investigated by the police, in the light of the