P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Nikhil Soni v. Union of India and Ors. - (High Court of Rajasthan) (10 Aug 2015)

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

MANU/RH/1345/2015

Constitution

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  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved