Decoding The Judgement on Sallekhana Santhara of The Rajasthan High Court

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

Page 25

defiance of death. When they realize the futility of their perishable body or when they achieved their goal for seeking the love of life, they voluntarily invoke death. They have risen above life and death. In the brahmanic it is called living samadhi. To treat it as suicide, amounts to ignorance of the Indian culture. The constitutions of democratic countries guarantee freedom "to practice, propagate and preserve one's own religion". This right is subject to interests of public order, morality and health. Even if the Indian Penal Code does not refer to this freedom of religion enshrined in Article 25 of the Constitution, the Constitution overrides the law in the Penal Code or other identical provisions in any other law. The practice of Sallekhana does not interfere with public order, health or morality. Sallekhana is pinnacle of glory of life and death. It is not an immolation but promotion of soul. It is in no way a tragedy. Jainism speaks of death very boldly and in a fearless tone to impress that death should be well welcomed with celebrations. Sallekhana is a retreat to peace in true sense, to be yourself entirely free from all distractions for pure contemplation and introspection. The right of individuals practice Sallekhana or Santhara is protected by right of privacy. The practice of Santhara has been recognized by Privy Council in the year 1863 to be prevalent from time immemorial. The right of privacy has been recognized in the case of alleged suicide by Chary Vinoba Bhave in a well known judgment. In the case of Muni Badri Prasad who practiced Santhara, the Hon'ble Supreme Court in 1987 did not even consider the case fit for admission, where it was equated to suicide. Article 26 lays down that every religious denomination or any section thereof shall have the right to manage its own affairs in the matter of religion. It is submitted that practice of Sallekhana is impossible for each and everybody to adopt the vow of Sallekhana because it requires the devotee to possess an unshakeable conviction that the soul and the body are separate, that the body is the result of accumulated karmas and that liberation from karmas is possible only by an austere life of supreme conduct founded on right faith and knowledge. The right is also protected under Article 29 of the Constitution of India. It cannot be denied that Jains have their own culture and therefore any section of the citizens residing in the territory of India having culture of its own has the right to conserve the same. The Jain community is a religious minority community and also it is a cultural minority and therefore it is the mandate of the constitution that the State shall not impose upon it any other culture which may be local or otherwise. The state has no authority to force feed a Sadhak who has taken the vow of sallekhana. In the PIL Sallekhana that is Santhara in complete ignorance is equated with the offence of suicide, sati custom and euthanasia. The difference between Santhara and suicide has been vividly explained in many articles by the Scholars. The answering respondent shall be submitting the same at the time of making submissions. By fasting is meant voluntary abstinence from all food. It is the oldest method of cure in disease even animals resort to it instinctively. 11. It is again reiterated that Santhara is not a suicide. Jainam Jayatu Sasanam!