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

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no pleadings. 3. That the writ petition suffers from the defect of multifariousness. Neither the necessary parties have been impleaded nor the petition disclose the cause of action. 4 thru 7. 8. That as the State is unable to guarantee an individual life and freedom of expression implies freedom of silence, the right to die voluntarily is a right of privacy and self termination of life should not come between an individual and his/her conscience. One has the subtle discriminative power to discern the matter from the eternal. It caused annoyance to the entire Jain community when Smt.Vimla Devi, Kamla Devi and Keladevi were threatened with police action and legal implications in this land of Rishis, Munis and Tirthankaras, when it is the only community practicing righteousness and believes in "Ahimsa".
13. The petitioner has described the practice of This is central to the entire case. Our legal Santhara as abhorrent to modern thinking. The eagles must prove beyond that the practice guarantee given by the Constitution under Article 25 | of Santhara/Sallekhana is enshrined under is that every person in India shall have the freedom of the Articles 21 and 26 and related to our conscience and shall have the right to profess, Constitutional provisions. This calls for practice and propagate religion, subject to restrictions
innovative interpretations. imposed by the State on the grounds (i) public order, morality and health; (ii) other provisions of the Constitution; (iii) regulation of non-religious activity associated with religious practice; (iv) social welfare and reform; (v) throwing open of Hindu religious institutions of a public character to all classes of Hindus. No practice or belief or tenet, which is abhorrent to public order, morality and health and violates other provisions of the Part-III, namely, Article 21, can protect the religious practice.
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14. The freedom of conscience as defined in the definition must be revisited if necessary. Webster's New World Dictionary has been After all, the dictionary captures events in encircled with the public order, morality and our life. health and the right to life and the rights of other persons guaranteed under Part III of the Constitution of India.
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Religious practices, which are violative of public We must now frame accreditation standards