SC restores Jains’ right to fast till death

Legal Correspondent

New Delhi, August 31

The Supreme Court today restored Jains’ right to fast till death under their religious practice known as “Santhara” by temporarily lifting the ban imposed by the Rajasthan High Court.

The HC had declared “Santhara” illegal on August 10, holding that the practice amounted to attempt to suicide that attracted a maximum punishment of one-year imprisonment under Section 309 of the IPC. The HC had ruled that the ritual also ran counter to Section 306 of the IPC dealing with “abetment of suicide”.

A Bench comprising Chief Justice HL Dattu and Justice Amitava Roy stayed the HC verdict and agreed to hear the appeal in detail by granting leave for the purpose. The SC would now go into the validity of the practice, legal or otherwise.

The apex court passed the order on petitions by the Akhil Bharat Varshiya Digambar Jain Parishad and others, contending that Santhara or Sullekhana was merely a vow to purify the soul from karmas and as such was not an offence.

The HC had noted that the practice was not an integral part or essential element of Jainism and, therefore, could not be protected under the fundamental right to practice religion under Article 25 of the Constitution.

Appearing for the petitioners, senior counsel Harish Salve and Abhishekh Manu Singhvi sought to challenge the ruling, but the Bench passed the stay order after hearing the plea for a few seconds.

The Bench also issued notice to the Rajasthan Government and others, asking them to file their response. The stay would continue for a few years as the SC takes up petitions for further hearing only three-four years after granting leave.

The petitioners pleaded there was no connection between suicide and Santhara.