Decoding The Judgement on Sallekhana Santhara of The Rajasthan High Court

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

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life and gives a constitutional right.
28. The Advocates belonging to the Jain community have filed bulky written arguments
to support the Santhara as a religious practice. quoted from scriptures and preaching of Jain religion, which is not by way of taking one's life for attaining any status or relief from pain. They state that adopting Santhara is not suicide. It is a death with equanimity in pursuit of immortality. It is a victory over death or rather the fear of death. Persons taking vow of Santhara face it bravely and boldly whenever death becomes to them. They are spiritual aspirants, who retain their equanimity in the face of death and their death does not remain fearful but becomes peaceful. Such peaceful death is called "Samadhimarana". It is practiced by those inveterate spiritual aspirants, who are in eternal pursuit to immortality. Jainism is known for many a unique spiritual practice and accomplishment since its propounding by the first Lord Prophet Rsabhadeva, centuries ago at the beginning of time cycle. The antiquity of Jain religion and Santhara is unquestionably proven by its mention in the ancient scriptures. It is equally modern and rational in its philosophy and approach. It is modern in the sense that spiritual aspirants, in the pursuit of immortality,
It is opportune moment to capture all these references to compile a book on the subject.
The arguments could not convince the Court to find a provision under Articles 21 and 25.
Only a Constitutional Bench can look into this issue.
What was the debate in the Constituent Assembly on this subject?