Debate on practice of ‘santhara’ continues

New Delhi, Aug 17 (PTI) The debate on ‘Santhara’, a Jainritual of fasting unto death which was held illegal by theRajasthan High Court, is far from over on the question ofwhether it is glorified suicide or a religious practice. While ‘Santhara’ was held illegal in August last year bythe High Court which made it punishable under section 306(abetment of suicide) and 309 (attempted suicide) of IPCrelating to abetment of suicide, some legal experts say thepractice is a "humungous canvas" covering "two cosmologies (oflife and death)" which required protection under theconstitutional provision. Within days of the High Court verdict, the Supreme Courthad stayed the order after several religious bodies of theJain community approached it claiming the Rajasthan HC had notappreciated the basic philosophy and tenets of the Jainreligion. The controversial issue was the topic of discussion at arecent seminar organised by Jindal Global Law School (JGLS)here in which MP and senior lawyer Abhishek Manu Singhvi, whoprofesses Jainism, said Santhara is "indeed a humungouscanvas". His views got the endorsement of Shiv Visvanathan, ViceDean of JGLS, who said "the real basis of ‘Santhara’ is ameditation on two cosmologies" of life and death. The High Court judgement was stayed by the SupremeCourt and the matter is still sub judice, Khagesh Gautam,Associate Professor and Assistant Dean at JGLS, vouched forprotection of the practice under doctrine of essentialpractices under Article 25 of the Constitution on the groundsthat it was an important aspect of Jainism. "While this theme is very unusual, it is quite excitingand interesting, because it stands at the crossroads of somany diverse sub-themes. It stands at intersecting crossroadsof law, religion, constitutional law and sociology. It isindeed a humungous canvas," Singhvi, who has been appointed asadjunct professor of JGLS, said. Terming Singhvi’s speech as incomplete, Visvanathandrew a sociological perspective on the practice and observedthat "a cosmology of death and a cosmology of life; and thecosmology which puts, because of its philosophy of time, acontinuity between death and life." (More) PTI AG SJK RKSARC