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Supreme Court stays ban on Jain practice of fast-unto-death

The Supreme Court on Monday stayed the operation of a Rajasthan High Court order that had termed as illegal the Jain religious practice of ‘santhara’, a ritual of fasting until death.

TT Bureau Published 31.08.15, 12:00 AM

New Delhi, Aug 31 (PTI): The Supreme Court on Monday stayed the operation of a Rajasthan High Court order that had termed as illegal the Jain religious practice of ‘santhara’, a ritual of fasting until death.

”Issue notice. Leave granted,” a bench of Chief Justice H.L. Dattu and Justice Amitava Roy said while staying the high court order and issuing notices to the Centre, Rajasthan and others.

The bench was hearing a batch of petitions filed by various religious bodies of Jain community members against the High Court order on santhara.

The pleas had sought a stay on the high court judgment, claiming it was passed without appreciating the basic philosophy and tenets of the Jain religion.

The Rajasthan High Court had on August 10 held 'santhara' as illegal making it punishable under section 306 and 309 of the Indian Penal Code, which relate to abetment of suicide.

The petitions claimed that the high court erred in equating the religious practice with the offence of suicide.

The petition came in the backdrop of protests by the community in Rajasthan and some other states against the high court order.

 

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