Supreme court on Jains Right to Fast till Death

Social Issues Issues in Religion

The Supreme Court has restored Jains’ right to fast till death under their religious practice known as “Santhara” by temporarily lifting the ban imposed by the Rajasthan High Court.
The HC had declared “Santhara” illegal on August 10, holding that the practice amounted to attempt to suicide that attracted a maximum punishment of one-year imprisonment under Section 309 of the IPC. The HC had ruled that the ritual also ran counter to Section 306 of the IPC dealing with “abetment of suicide”.
The HC had noted that the practice was not an integral part or essential element of Jainism and, therefore, could not be protected under the fundamental right to practice religion under Article 25 of the Constitution.

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