Supreme Court stays Rajasthan High Court decision declaring Jain practice of fast-unto-death illegal

The Supreme Court on Monday stayed Rajasthan High Court decision of declaring 'Santhara' - a religious ritual of fasting until death, as illegal

"Issue notice. Leave granted," a bench comprising Chief Justice H L Dattu and Justice Amitava Roy said while staying the HC order and issuing notices to the Centre, Rajasthan and others.

The bench was hearing a batch of petitions filed by various religious bodies of Jain community members against the High Court order on santhara.

The Rajasthan High Court on August 10 had held 'santhara' as illegal making it punishable under section 306 and 309 of IPC related to abetment of suicide.

Sthanakvasi Jain Shravak Sangh, in its petition before the apex court, had claimed it was passed without appreciating the basic philosophy and tenets of the Jain religion.

The petition also claimed that the high court erred in equating the religious practice with the offence of suicide while the fact is a "vow taken to purify the soul".

"Santhara is an ancient and old practice as old as the religion as the faith itself and the observations of the High Court in this regard is exfacie wrong and the references to the practice are found as far back as in Samvat 1389," the plea said.

"Article 25 (of Constitution) protects a right of every person to the 'freedom of conscience' which entitles a person to a right to have his own beliefs and faith and as such the so called 'modern' thinking cannot be imposed on the members of the Jaina Community," it said.