Sallekhanā (also Santhara, Samadhi-marana)

For ages, humans have pondered over their inability to choose the date, circumstances and their place of birth and realised the utter futility of the quest. But the idea of choosing the circumstances of death, of leaving the material world at one's own khushi (free will or volition) has lingered. The thought of a beautiful death, the pursuit of a planned and painless end has crossed many minds, sometimes even as the final goal of life.

The concept of 'Ichcha Mrityu' (the power to decide when and how to die) has been a constant theme of our culture. In our mythology, it has been described as a rare gift, reserved only for the greatest of souls and those who earned it as the ultimate reward for their righteous karma and dharma.

In Mahabharata, for instance, when Shantanu was happy with his son Devavrata (Bhishma) for the sacrifices he made for him, he blessed the son with Ichcha Mrityu, a right that Gangaputra later exercised in the battlefield.

In Jainism, the concept of choosing the manner and time of one's death is a centuries-old ritual. The devout Jains believe that Mahavira, the 24th Tirthankar, allowed Santhara, or Sallekhana, as the ultimate test of spirituality, will power, whose ultimate goal is purifying body and mind and facing death voluntarily.

According to the ritual, which Jains believe has been prevalent for thousands of years, a person voluntarily gives up food and water, either because of an incurable illness or due to the belief that the end is near. It is reserved only for the old and the invalid and is practised rarely.

Sallekhana is often compared with suicide. , when death is near, the vow of sallekhanā is observed by properly thinning the body and the passions. It also mentions that, sallekhanā is not suicide since the person observing it, is devoid of all passions like attachment. Like most religions, Jainism forbids all forms of suicides.

Suicide involves an intentional act of harm against oneself with a known outcome that negatively affects those left behind.

It is believed that the precipitous taking of one's life constitutes only a perpetuation of the karma from the current life (particularly that associated with negativity or suffering), which is thus "inherited" by the subsequent life to be assumed through reincarnation.

Suicide does not allow escape from one's karma, nor from one's cycle of births and rebirths. However, in the practise of Sallekhana, it is viewed that death is "welcomed" through a peaceful, tranquil process that provides peace of mind and sufficient closure for the adherent, their family and/or community.

Whereas suicide is an act of extreme desperation fuelled by anguish and hopelessness, a Sallekhana practitioner relinquishing food and drink voluntarily by this method has arrived at that decision after calm and unruffled introspection, with an intent to cleanse oneself of karmic encumbrances and thus attain the highest state of transcendental well-being.

Sallekhana, for him/ her, is therefore simply an act of spiritual purification premised on an exercise of individual autonomy.

In both the writings of Jain Agamas and the general views of many followers of Jainism, due to the degree of self-actualisation and spiritual strength required by those who undertake the ritual, Sallekhana is considered to be a display of utmost piety, purification and expiation.

In 2006 human rights activist Nikhil Soni and his lawyer Madhav Mishra, filed a Public Interest Litigation with the Rajasthan High Court. The PIL claimed that Sallekhana should be considered to be suicide under the Indian legal statute

The ritual has, however, been banned by the Rajasthan High Court. In its judgment on August 10, the court declared Santhara as illegal and made the practice punishable under Section 309 of the IPC. It compared it with suicide. The court also added that there is no evidence or material to prove that Santhara is not an essential Jain practice without adhering to which, practicing Jainism would be difficult.

In one of his discourses, had tried to differentiate between death as a spiritual discipline and suicide. "Mahavira says, 'Go on a fast, and die of hunger.' It takes ninety days for a normal, healthy person to die of hunger. If he is weak in resolve--even a little bit--the desire for food will return the next day... If Mahavira had given the permission to die by taking poison, drowning in a river, jumping off a mountain, it would have been a matter of instant death. But a warrior good for showing only a moment's bravery is of no use in the battlefield, because he will become a coward the next moment...So Mahavira has given permission to commit santhara, causing death to oneself as a spiritual discipline."

 Our law ignore some of the beliefs of Indian religions since it is based on the Westminster model of our colonial rulers. "The concept of suicide associated with religion is a repugnant one for the mainstream Anglo-Saxon West, whose Judeo-Christian beliefs would denounce such an act as antithetical to the moral and ethical principles espoused by Christianity."

Theological and philosophical beliefs play an important role in the social acceptance of rituals like Santhara. For Jains, as also for Hindus, for instance, the concepts of moksha and rebirth are linked to the nature and quality of death. As we argue, the purpose of Santhara is to cleanse the spirit, prepare it for rebirth and, by choosing death through this method, become the determiner of the next birth.

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We request the Hon'ble court to review this decision by incorporating wider studies and cases and allow people their fundamental right.

Since religion predates the current legal framework and law, a conflict arises every time ancient eastern customs and practices are seen through the prism of a modern, West-inspired law. The concept of a beautiful death as the perfect end to this life and the ideal beginning of the next may be based on our philosophical, spiritual and religious tenets.