Santhara or Sallekhana

A three-year-old girl in Indore was recently administered ‘Santhara’, a Jain ritual of voluntary death by fasting. The incident came to light after being recorded in the Golden Book of World Records as the youngest person to take the vow of Santhara.

This raises ethical, legal, and constitutional concerns:

• Can a three-year-old comprehend the concept of death?
• Who has the right to make such a life-and-death decision for a minor?
• Legal experts argue that even parents cannot decide such matters on behalf of minors.

Article 25

• Article 25 of the Indian Constitution grants freedom of religion, but it is not absolute and is subject to public order, morality, and health.

• Right to life under Article 21 is a fundamental right, and religious practices cannot override this right, especially for minors.

About Santhara

• ‘Santhara’ (or Sallekhana) is a centuries-old Jain practice, seen by its followers as a spiritually significant voluntary death taken when one’s body no longer supports spiritual progress.

• In August 2015, the Rajasthan High Court ruled Santhara illegal, equating it with suicide under Section 306 of the Indian Penal Code.

• The Supreme Court stayed the Rajasthan High Court’s order in September 2015, following nationwide protests by the Jain community.

• The current case involving a minor intensifies the debate over the intersection of religious freedom and child rights.