The controversial Jain ritual of “santhara” is not on hold legally. The Supreme Court on Monday gave a go-ahead to the practice of voluntary fast unto death by staying a Rajasthan High Court order of August 10.
The apex court issued notices to the Rajasthan Government and the Centre on the appeals filed by Jain religious groups and individuals challenging the HC decision. The HC order equated the religious practice to suicide under the Indian Penal Code (IPC), making it a punishable offence. The HC even went to the extent of ruling that there was no evidence to show that “santhara” was an essential part of Jainism that existed prior to the adoption of the Indian Constitution.
The apex bench of Chief Justice Hl Dattu and Justice Amitava Roy stayed the HC order without hearing the petitioners, who were represented by legal stalwarts Harish Salve, Abhishek Manu Singhvi and Gopal Subramanium among others. The Jain groups who witnessed the hearing from the visitor gallery in the Chief Justice courtroom burst into excitement on getting the stay.
Realising the sensitivity attached to the case, the Bench said, “We are passing the order not seeing the galaxy of senior advocates appearing on this side, but because we have carefully gone through the file.” Even the Rajasthan Government fully backed the petitions. Additional Solicitor General (ASG) PS Narasimha told the court that the State was in favour of “santhara”, a stand which they consistently maintained from the High Court.
The apex court granted leave to hear the petitions which may come up in regular course but not before another seven to eight years. For the present, the controversy seems to have settled. But the question whether law will interfere with a religious practice will require determination from the top court.
According to advocate Manish Singhvi, the lawyer for Terapanth Samaj, one of the petitioners in the court, the “santhara” is a 2,500-year old practice which is an essential part of Jain religion. There is no coercion as it is purely voluntary and is a form of penance by which an individual releases his soul from all earthly desires and influences and gradually sets out for the eternal rest.
Moreover, the community claimed that practicing one’s religion was a fundamental right under Article 25 and the HC was under a misconception to declare it as an act of suicide.
The HC order came on a PIl filed by a human rights activist Nikhil Soni, who voiced concern over the practice being “inhuman” as the elderly people were made to suffer without food, water, or medical assistance.