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Related: About this forumThe Jain religion and the right to die by Santhara
http://indianexpress.com/article/explained/the-jain-religion-and-the-right-to-die-by-santhara/It took less than a minute for the Supreme Court on Monday to stay the Rajasthan High Court order that had compared Santhara, the Jain ritual of fasting unto death, with suicide and made it an offence punishable under the IPC. Jains were as quick to welcome the apex court order as they had been to denounce the High Court judgment of August 10.
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In 2006, Jaipur-based lawyer Nikhil Soni filed a public interest litigation and sought directions under Article 226 to the central and state governments to treat Santhara, the fast unto death practised by Swetambara Jains (Digambars call it Sallekhana), as illegal and punishable under the laws of the land. Calling it suicide and, therefore, a criminal act, the PIL also sought prosecution of those supporting the practice for abetment to suicide. The PIL argued that death by Santhara was not a fundamental right under Article 25 (freedom of conscience and free profession, practice and propagation of religion), because it violated the right to life guaranteed under Article 21. It argued that religious freedom is subject to public order, morality and health.
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Representatives for the community argued that Santhara/Sallekhana is an ancient religious practice aimed at self-purification. The vow of Santhara/Sallekhana is taken when all purposes of life have been served, or when the body is unable to serve any purpose of life. It is not the giving up of life, but taking death in their stride.
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The Bench said that it was not established that Santhara or Sallekhana is an essential practice of the Jain religion. Jain scriptures or texts dont say that moksha (salvation) can be achieved only by Santhara/Sallekhana. According to the judges, it was one thing to argue that Santhara is not suicide, and quite another to say that it is a permissible religious practice protected by Articles 25 and 26. The court asked the state to stop the practice in any form, and directed that any complaint made in this regard be registered as a criminal offence in accordance with Section 309 (attempted suicide) or Section 306 (abetment to suicide) of the IPC.
...
In 2006, Jaipur-based lawyer Nikhil Soni filed a public interest litigation and sought directions under Article 226 to the central and state governments to treat Santhara, the fast unto death practised by Swetambara Jains (Digambars call it Sallekhana), as illegal and punishable under the laws of the land. Calling it suicide and, therefore, a criminal act, the PIL also sought prosecution of those supporting the practice for abetment to suicide. The PIL argued that death by Santhara was not a fundamental right under Article 25 (freedom of conscience and free profession, practice and propagation of religion), because it violated the right to life guaranteed under Article 21. It argued that religious freedom is subject to public order, morality and health.
...
Representatives for the community argued that Santhara/Sallekhana is an ancient religious practice aimed at self-purification. The vow of Santhara/Sallekhana is taken when all purposes of life have been served, or when the body is unable to serve any purpose of life. It is not the giving up of life, but taking death in their stride.
...
The Bench said that it was not established that Santhara or Sallekhana is an essential practice of the Jain religion. Jain scriptures or texts dont say that moksha (salvation) can be achieved only by Santhara/Sallekhana. According to the judges, it was one thing to argue that Santhara is not suicide, and quite another to say that it is a permissible religious practice protected by Articles 25 and 26. The court asked the state to stop the practice in any form, and directed that any complaint made in this regard be registered as a criminal offence in accordance with Section 309 (attempted suicide) or Section 306 (abetment to suicide) of the IPC.
Interesting glimpse into the resolution of conflict between religion and politics in another country.
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The Jain religion and the right to die by Santhara (Original Post)
trotsky
Sep 2015
OP
It's a conflict here too. Physician assisted suicide has been practically single-handedly blocked by
AtheistCrusader
Sep 2015
#1
AtheistCrusader
(33,982 posts)1. It's a conflict here too. Physician assisted suicide has been practically single-handedly blocked by
The RCC in America.
Imposing their religious values on non-members.