SC stays Rajasthan HC order on Jain practice Santhara

The Supreme Court on Monday stayed a Rajasthan High Court order which held that the Jain custom of Santhara - a religious practice of fast unto death - amounted to suicide.

Chief Justice H.L. Dattu and Justice Amitava Roy, while staying the high court order banning Santhara, issued notice to the central and Rajasthan governments on a bunch of petitions challenging the August 10 order.

As counsel Harish Salve appeared for a petitioner, the bench said: "Issue notice, leave granted."

The high court order holding that Santhara violated article 21 of the constitution guaranteeing protection of life and personal liberty had come on a public interest litigation filed by Nikhil Soni.

The high court had also made Santhara punishable under section 306 (abetment to suicide) and 309 (attempt to commit suicide) under the Indian Penal Code.

Petitions by religious organisations belonging to the Jain community contended that the high court had erroneously outlawed Santhara without appreciating the basic philosophy and tenets of Jain religion.