Context:
The Prime Minister, Shri Narendra Modi today penned his thoughts on Sant Shiromani Acharya Shri 108 Vidhyasagar Maharaj Ji.
- He was a renowned saint in the Digambar Jain community, and passed away after undertaking ‘sallekhna’.
About Acharya Vidyasagar Maharaj
- Acharya Vidyasagar Maharaj was a renowned monk in the Jain community, known for his wisdom and spiritual guidance.
- He entered monastic life early and attained the esteemed title of Acharya, reflecting his profound knowledge and spiritual attainment.
- He is known for his work in the fields of education, healthcare, environmental advocacy and sustainable agriculture.
- He worked for social reforms and urged people to actively participate in democratic processes.
- He undertook voluntarily fasting to death and had quit intake of food and liquids in the last three days of his life.
About Sallekhana
- Sallekhana: Also called Santhara, Samadhi-marana, Sanyasana-marana, is a Jain religious practice involving voluntary fasting and meditation unto death for spiritual purification.
- Practised by Whom: Sallekhana (by Digambar)/Santhara (by Swetambars) is practised by the most devout Jains when they are nearing the end of their life and normal life is no longer possible due to old age or incurable disease.
- Philosophy: The practice is rooted in the Jain principle of non-violence (ahimsa) and detachment from the physical body.
- Historical Evidence: The Pratikramana Sutra in Shravaka Anuvrata (the code of conduct for Jains) clearly explains santhara, saying that when all purposes of life have been served, or when the body is unable to serve any more purpose, a person can opt for it.
Legality of the Practice of Sallekhana
- Nikhil Soni v. Union of India: The 2006 PIL argued that Sallekhana was not a fundamental right under Article 25 , because it violated the right to life guaranteed under Article 21.
- In 2015, Rajasthan High Court led to ban on the practice of Sallekhana, comparing it to an act of suicide.
- The High Court also stated that the practice was not an essential practice of the Jain religion.
- Appeal To Supreme Court: The Supreme Court restored the Jain religious practice of a ritualistic fast unto death by staying an order of the Rajasthan High Court.
- SC Observation:
- The practice of Sallekhna does not interfere with public order, health or morality.
- The right to practice Santhara or Sallekhana is safeguarded under the right to privacy,
- Its prevalence has been acknowledged since ancient times, even recognized by the Privy Council in 1863.
- Additionally, Article 26 ensures that every religious denomination has the right to manage its own religious affairs.
Doctrine of Essentiality:
- The doctrine determines whether a practice is fundamental to a religion and thereby protected under the Constitution of India’s Articles 25 and 26, which bestows freedom of religion.
- Essential practices are those rituals, ceremonies, and expressions that are fundamental to a religion’s belief system, forming the core of its religious identity.
- These practices are considered integral to the religion, without which its essence would be significantly altered
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Source: PIB
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February 22, 2024