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 22

by abstaining from food, water and every kind of nourishment to the body when one is approaching the end of life. Sallekhana is not giving up life but it is very much taking the death in its own stride.
Jainism believes in rebirth and so the consequences of our Karmas are dependent upon our own good and bad thoughts, words and deeds. Every living being is responsible for its own activities the consequences of which work out automatically. One cannot escape from one's Karmas except by experiencing their consequences, good or bad. The Karmas bear fruit and are therefore responsible for our Karmic bodies.
Depending on the nature of the individual's Karma, the next life may be human or otherwise.
In Ratna-Karanda Sravakacara for Sallekhana it is stated as under:"The holy men say that sallekhana is giving up the body (by fasting) when there is an unavoidable calamity, severe draught, old age or incurable disease, in order to observe the discipline of religion." It is emphatically denied that Santhara is a voluntary suicide. Sallekhana (Santhara) is arbitrarily equated with the offence of suicide or Sati or euthanasia in the PIL.
The main psychological and physical features of suicide are: (1) the victim is under an emotional stress; (2) He or she is overpowered with a feeling of disgrace, fear, disgust or hatred at the time when suicide is resorted to; (3) The main intention of committing suicide is to escape from the consequences of certain acts or events; disgrace, agony, punishment, social stigma or tyranny of treatment etc. (4) The kind is far away from religious or spiritual considerations (5) The means employed to bring about the death are weapons of offence or death; (6) The death is sudden inmost cases unless the victim is rescued earlier; (7) The act is committed in secrecy (8) it causes misery or bereavement to the kith and kin.
The basic concept underlying the vow of Santhara is that a man who is the master of his own destiny should resolve himself to follow the best method of leaving the body. During Santhara one must not wish to live on or desire sensual pleasures but equally he must not seek for death to come swiftly.
3. It is denied that Santhara or Sallekhana violates the provisions of Indian Penal Code or the Constitution of India. It is further submitted that the petitioner has failed to implead the Jain community in the writ petition as laid down in the Code of Civil Procedure.
4. It is prevalent in the Jain community for more than 2000 years or say since time immemorial by the followers of the worlds oldest Jain religion. Justice T.K.Tukol, former Vice-Chancellor, Bangalore University in his book "Sallekhana is not suicide" has given complete history. In Chapter 3 under title "Sallekhana in practice", he has given various instances of Sallekhana prevalent in the country in Jain community. It reflects culture of Jain community and proves that Sallekhana was prevalent in the Jain community as a custom or practice or ritual and has been recognized as a culture of the community as art of living. Jains are the only community who celebrates birth and death both. It may be mentioned that culture is a collective name for the material, social-religious and artistic achievements of human growth including traditions, customs and behavioural patterns all of which are unified by a common place and values. Since India is a secular state the State is not to associate with religion and is not to interfere with it. The way in which the writ petition has been filed amounts to making mockery of Jain