Madras HC: Police Superintendent not Liable For IO’s Delay In Filing Chargesheet or Closure Report  ||  Supreme Court: Provident Fund Dues Have Priority over a Bank’s Claim under the SARFAESI Act  ||  SC Holds Landowners Who Accept Compensation Settlements Cannot Later Seek Statutory Benefits  ||  Supreme Court: Endless Investigations and Long Delays in Chargesheets Can Justify Quashing  ||  Delhi HC: Arbitrator Controls Evidence and Appellate Courts Cannot Reassess Facts  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: Economic Offender Cannot Seek Travel Abroad For Medical Treatment When Available In India  ||  SC: Governors and President Have No Fixed Timeline To Assent To Bills; “Deemed Assent” is Invalid  ||  SC: Assigning a Decree For Specific Performance of a Sale Agreement Does Not Require Registration    

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 2025 - All Rights Reserved