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'Sanyas' is ‘civil death’ under Indian law

The Indian legal system also recognises the concept of ‘civil death’, which can apply to a person who is alive and kicking.

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The Indian legal system also recognises the concept of ‘civil death’, which can apply to a person who is alive and kicking.

As per Hindu laws and custom, a hale and hearty person who performs his own last rites during his life after renouncing the world, taking ‘sanyas’, is legally ‘deemed to be dead’, explained a supreme court vacation bench of justice Katju and justice Deepak Verma last week, during the hearing of a case of Raiben Dayabhai Patel, director of Visnagar Nagrik Sahakari Bank Limited in Mehsana district.

“Such a renunciate is said to have suffered a civil death,” explained Justice Katju.

He explained the curious concept of ‘civil death’ to senior lawyer KV Vishvanathan, who mistakenly used the term to plead the case of his client, Patel. He had been ousted from the post in January this year by the bank on the allegation that a private business firm, run by his wife in partnership with some other entrepreneurs, had not paid its dues to the bank.

Accordingly, the bank management declared Patel himself to be its defaulter and eased him out of service. Patel had come to the apex court challenging his ouster.
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