Supreme Court Bench comprising of Chief Justice H.L. Dattu and Justice Amitava Roy has put a stay on Rajasthan High Court's order stating Santhara as illegal.
The High Court, in a judgement on August 10, 2015, declared the practice, which involves voluntary fast-unto-death, illegal and an offence punishable under the Indian Penal Code. The Bench heard a batch of petitions filed by various religious bodies of Jain community members against the High Court order on Santhara. The pleas had sought a stay on the High Court judgement, claiming it was passed without appreciating the basic philosophy and tenets of Jain religion.
A Jain custom of embracing voluntary death, Santhara involves practitioners taking an oath to stop eating until they die of starvation. According to Jains, this is a way to purge oneself of bad 'karma' and attain 'moksha'. The centuries-old practice hit the news since 2006 when 93-year-old Keila Devi Hirawat from Jaipur performed Santhara, triggering a debate in the world media whether such a practice is out of place in the modern era. Jain saints argue that Santhara is a voluntary act carried out rationally and cannot be considered suicide. They say it is something one does with full knowledge and intent, unlike suicide which is typically an emotional and impulsive act.
Leaders of the Jain religion took their campaign to the highest judicial body after the Rajasthan state high court declared that the centuries-old ritual of santhara was illegal as it amounted to assisted suicide. “Santhara is an integral part of the Jain religion and the court can't interfere with its customs,” the petition read.
Human rights activists had brought the case in Rajasthan arguing it was an inhumane ritual with no place in the modern world, raising concerns that elderly Jains might be encouraged to starve themselves to save their families the costs of supporting them.
