In a totally unexpected ruling,
the Division Bench of Rajasthan High Court by its judgment dated 10th August
2015 (Nikhil Soni vs Union of India & others D.B.Civil Writ Petition
No.7414/2006 (Public Interest Litigation) ruled that the practice of
Santhara by the Jain Community is akin to suicide and is unconstitutional. The
Court allowed the PIL filed by a practicing advocate with direction to the
State authorities to stop the practice of 'Santhara' or 'Sallekhana' and to
treat it as suicide punishable under section 309 of the Indian Penal Code and
its abetment by persons under section 306 of the Indian Penal Code. The Court
also directed the Government to stop and abolish the practice of ‘Santhara' and
'Sallekhana' in the Jain religion in any form. The Court further directed that
any complaint made in this regard should be registered as a criminal case and
investigated by the police in accordance with Section 309 or Section 306 of
Indian Penal Code.
This judgment has led to
much unrest and anger amongst the Jain community. It is hoped and believed that
this judgment will be appropriately dealt with by the Supreme Court in coming
days on an appropriate appeal or petition being filed in the Supreme
Court.
Here is the link to this judgment....
