APEX COURT STAYS SANTHARA BAN
NEW DELHI/JAIPUR: The Supreme Court on Monday stayed a Rajasthan high court order that termed as illegal the religious practice of santhara, a Jain ritual of fasting unto death, bringing relief to the community amid a raging debate on religious freedom.
“Issue notice. Leave granted,” a bench comprising Chief Justice HL Dattu and Justice Amitava Roy said while staying the order and issuing notices to the Centre, the Rajasthan government and others on a batch of petitions filed by Jain religious bodies.
The Rajasthan high court on August 10 held santhara as illegal, making it punishable under Sections 306 and 309 of the IPC related to abetment of suicide.
The Jain community has decided to represent the case itself instead of depending on the government’s response. Following the high court directive, the community was miffed with the state government for not being able to present facts about santhara in a proper manner. “The community will now represent the case personally in the Supreme Court,” said Rajendra K Godha, chief convener of the Dharam Bachao Aandolan Samiti formed to protest against the santhara ban.
“Santhara is the life of the Jain system. The SC order is a matter of joy for the community. It will facilitate all Jains who wish to tread the path of santhara. The community will make all efforts till the HC decision is scrapped,” Jain religious leader Muni Praman Sagar said. He said facts about Santhara needed to be presented before the court and the community would not rest until the HC decision was withdrawn. Rajasthan home minister Gulab Chand Kataria said the order was uncalled for. “There is a difference between suicide and santhara. In suicide, a person gives up life due to negativity but in santhara a person leaves the body because of religious joy. But a court decision could be countered in court only. The decision is welcome,” he said.
(With agency inputs)