High Court of Rajasthan

Nikhil Soni v. Union of India and Ors.

MANU/RH/1345/2015

10.08.2015

Constitution

Practice of 'Santhara' to be treated as suicide punishable under section 309 of the Indian Penal Code

The Rajasthan High Court held the practice of Santhara (Sallekhana), fasting unto death to attain 'moksha', impermissible under Article 21 of the Constitution (protection of life) and it could not be included as an essential religious practice under Article 25 of the Constitution. The Court was unable to conclude from scriptures, preachings, articles or practices followed by the Jain ascetics that Santhara was to be treated as an essential religious practice in the Jain religion. Determining that the practice was not necessary for the pursuit of immortality or 'moksha', and in upholding the principles of public order, health and morality, the Court issued directions to the State to stop commission of Santhara (Sallekhana). The practice is to be treated as suicide punishable under Section 309 IPC; its abetment is punishable under Section 306 of the IPC.

Relevant

Article 25 Constitution of India Act Gian Kaur Vs. State of Punjab MANU/SC/0335/1996
P. Rathinam/Nagbhusham Patnaik Vs. Union of India MANU/SC/0433/1994
Aruna Ramchandra Shanbaug Vs. Union of India & Ors. MANU/SC/0176/2011

Tags : santhara religious freedom suicide prohibit

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