Decoding The Judgement on Sallekhana Santhara of The Rajasthan High Court

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

Page 24

Our mythology is full of incidents when our Gods have terminated their life. Lord Ram took "Jalsamadi” in river Sarvu. Lord Mahavir and Lord Buddha achieved death by seeking it. In recent days Shri Vinoba Bhave met his end by undertaking fast. So was the case of Swami Ram Krishna Param Hans. Maa Anandmai. The folk deity of Rajasthan 'RAMDEOJI" has taken living samadhi. India Saints every year willingly relinquish the body which is called 'Samadhi Maran'. Instances are there where Jain munis have terminated their lives by going on fast that is, by adopting the practice of "Santhara". Shri Raichand Bhai, religious guru of Mahatma Gandhi took "Samadhimaran" at the age of 33 years.
Santhara may fall within the category of cases which may fall within the group of right to die with dignity as a part of life with dignity when death is certain and imminent and the process of natural death has commenced. There is long tradition of Santhara in Shramanic culture which is an expression of fearless towards death. It is rising above all bodily pains and sufferings. It is a process of painlessness and becoming a "Stith Progya".
8. That the contents of Para (8) of the writ petition have no relevancy with the case in hand. It is a case of different circumstances. There are lots of cases where Anglo-British Courts have permitted the withdrawal of the life supports. 10. Under the law of the country nobody can be forced to eat or drink against his/her will. The case of hunger strike is quite different. In the case of hunger strike if the demand is made the person concerned would automatically withdraws the fast. As such the case of Santhara is quite different. The Jain Sallekhana leaves ample time for further reconsideration of the situation as the process which is primarily intended to elevate the will is extended over a period of days and is not brought to an end at once. It would be legally wrong and morally insupportable to categorize death by Sallekhana as a suicide which is sudden self-destruction due to emotional and neurasthenic upsetment. Suicide causes harm to the person committing it as also to the society whose concern it is to ensure the safety of its member.
Umasvami has defined himsa (violence) as 'severance of vitalities out of passion' (pramatta-yogat pranavyaparopanam himsa). A person actuated by passion is pramatta. The activity of such a person is pramatta-voga. Amrtacandra Suri has expressed similar views; He who injures the real nature of Jiva commits himsa. Himsa is sure to result, if one acts carelessly under the influence of passions. "Even where there is injury to the vitalities, there is no himsa if the man is not moved by any kind of passion and is carefully following Right Conduct". Thus, it is only when a person puts an end to his own life due to his passionate activity that there is suicide.
It has already been explained that in the observance of the vow of Sallekhana, there is complete absence of passion and the conduct is directed to liberate the soul from the bondage of karma. When such individual advances himself spiritually by his austerities and meditation, his life elevates the community of devotees and other onlookers by purifying the mind of every individual and by creating an awareness in him or her of the inherent potentialities of the self. The conquest of all passions and full detachment from worldly desires and possessiveness visible in the conduct of the ascetic or the householder evoke our reverence for him. His quiet and joyful death makes us conscious of what is good for the individual and the community at large. His path of absolute renunciation and his march towards self-realization enables and enlightens the society at large. Such death is not suicide and cannot be categorized as such either according to law or morals. The Saints and sages of India are known for