Ban Jain Ritual Of Fasting To Death 'Santhara' For Minors: Plea In Madhya Pradesh High Court

A public interest litigation (PIL) has been filed in the Madhya Pradesh High Court seeking a legal ban on making minor children and "persons of unsound mind" undertake the Jain religious ritual of 'Santhara', which involves fasting unto death.

The PIL raised questions about the death of a three-year-old girl suffering from a brain tumour in Indore after she was initiated by her parents into 'Santhara'. The incident took place in March, but came to light in early May.

The High Court's Indore bench, without making any comment on the merits of the plea, on Monday directed that the girl's parents be included among the respondents, the petitioner's lawyer said.

Central and Madhya Pradesh governments as well as the National Human Rights Commission, are already respondents in the petition.

In the PIL, filed by social activist Pranshu Jain (23), it has been pleaded that making minor children (below 18) and "persons of unsound mind" undertake the 'Santhara' vow should be legally banned because it violates the constitutional right to life and personal liberty of the person concerned.

'Santhara' is an ancient practice of Jainism and the person following it voluntarily decides to give up his life by abstaining from food, water, medicines and other worldly things.

The PIL stated that before starting the process of 'Santhara', the consent of the person concerned is required, but this vow was allegedly forced on the Indore girl suffering from a brain tumour.

The petition further said that after the girl's death, on an application of her parents, the Golden Book of World Records issued a 'Certificate of Excellence' in the name of the minor, in which she has been described as "the youngest person to (take) the vow of Jain ritual Santhara".

The certificate has been attached with the PIL.

Petitioner's lawyer Shubham Sharma told PTI, "On Monday, the High Court directed us to include the parents of the girl, who died after being given the Santhara vow, in the list of respondents of the PIL so that this certificate of the Golden Book of World Records can be confirmed." He said the next hearing on the PIL may take place on June 23.

Mr Sharma said after the girl's death came to light through the media, his client complained against it to central and Madhya Pradesh governments, but no action was taken, forcing him to approach the HC.

The girl's parents are professionals in the Information Technology (IT) sector.

After the uproar over the girl's death, her parents claimed they had decided to make their only child take this vow on the night of March 21 at the inspiration of a Jain monk, at a time when she was very ill due to the brain tumour and was also having difficulty in eating and drinking.

According to them, their daughter died within a few minutes of the Jain monk completing the religious rites of 'Santhara'.

In 2015, the Rajasthan High Court had declared the practice of 'Santhara' a punishable offence under sections 306 (abetment to suicide) and 309 (attempt to suicide) of the Indian Penal Code.

However, while hearing petitions filed by various religious bodies of the Jain community, the Supreme Court stayed the implementation of this order of the Rajasthan High Court. 

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