Decoding The Judgement on Sallekhana Santhara of The Rajasthan High Court

Author(s): C Devkumar Jain
Publisher: C Devkumar Jain

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to the patients and his close relatives to obtain their views and thereafter, the High Court should give its decision assigning reasons, keeping in view the best interest of the patient.
It is submitted that although in Aruna These judgments must be studied in depth. Ramchandra Shanbaug Vs Union of India (supra), the Supreme Court left the question as to whether not taking food consciously and voluntarily with the aim to end one's life is a crime, the substance of the judgments in Gian Kaur (supra) and Aruna Ramchandra Shanbaug (supra) is that no person has a right to take his own life consciously, as the right to life does not include the right to end the life voluntarily.
25. It is submitted on behalf of the petitioner Repetition of the same argument. The that even the act committed with the consent of petitioner is not convinced that there should the individual to end his/her life is punishable be a provision to end one's life. under the Indian Penal Code. The offence of
The use of instigation must be countered murder under section 300 IPC prohibits against. A special provision by way of exception, which goes to show that such an act
promolgamation of An Act may be another may not amount to murder, but would be
route. termed as "culpable homicide". It is submitted that the religious belief of the Jain community is not protected under Article 25 of the Constitution of India. 26. It is submitted that the religious belief of the Jain community is not protected under Article 25 of the Constitution of India and to the other provisions of this part, which includes Article 21 guaranteeing right to life and which cannot be taken away either voluntarily or involuntarily. The underlying principle is that if a person cannot give life, he has no right to take life as himself or of others. 27. It is submitted that the 'Santhara' or 'Sallekhana' is not a religious practice adopted regularly. It is adopted occasionally by the individual and instigated by others to achieve the salvation. No religion propagating salvation permits taking the life of any individual, which includes the persons taken their own life. The persons professing Jain religion though in religious minority, do not have any special status nor does the interest of minority permits taking