The Rajasthan High court has declared “Santhara” a religious ritual of fasting until death as illegal. The Supreme Court on Monday stayed the order passed by Rajasthan HC.
The Rajasthan HC declared that Santhara is illegal and people can be punishable under section 306 and 309 of IPC related to abetment of suicide.
The petition 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.
