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[From the final judgment and order dated 10.8.2015 passed by the
Hon’ble High Court of Judicature for Rajasthan at Jaipur brnch,
Jaipur in D.B. Civil Writ petition no. 7414 /2006.]
… Petitioners
Versus
… Respondents
WITH
PAPER BOOK
FOR INDEX
2. Listing Proforma
6. Annexure P-1
A copy of the D.B. Civil Writ Petition No.
7414/2006 filed before the Hon’ble High Court
of Judicature for Rajasthan at Jaipur bench,
Jaipur dated 29.5.2006
7. Annexure P-2
A copy of the order dated 22.09.2006 of the
Hon’ble High Court of Judicature for Rajasthan
at Jaipur Bench, Jaipur in D.B. Civil Writ Petition
No. 7414/2006
8. Annexure P-3
A copy of the impleadment application filed
before the Hon’ble High Court of Judicature for
Rajasthan at Jaipur Bench, Jaipur in D.B. Civil
Writ Petition No. 7414/2006 dated 29.9.2006
9. Annexure P-4
copy of the order dated 21.12.2006 by the
Hon’ble High Court of Hon’ble High Court of
Judicature for Rajasthan at Jaipur Bench, Jaipur
in D.B. Civil Writ Petition No. 7414/2006
CONSTITUTIONAL PROTECTION
A. The Petitioner submits that the Hon'ble High Court at the
behest of a public interest litigant who had absolutely no
understanding of the theme behind the practice, in purported
“modern” thinking sought to impose the said thought on the
members of the Jain Community, which the Petitioner submits is
antithetical to the very basis of the Constitution of India. The
high ideals mentioned in the preamble find incorporation into
various provisions of the constitution which recognizes, entitles,
allows and protects to every person to have the “Liberty of
thought, expression, belief, faith and worship”. The said
theme under the Constitution runs through various provisions of
Part III of the Constitution:-
CONCLUSION
In light of the very concept of Sallekhana, it is most humbly
submitted that it would be legally wrong to categorize and
compare the vow of Sallekhna with the offence of attempt to
commit suicide.
It is submitted that Santhara was in practice in Jain community
and Prayopagmna in Hindu community having sanction of religion,
which is practiced even today. It has become the culture of the
said communities and thus stands on a very high pedestal and is
fully protected by Articles of 26 and 29 of the Constitution of India.
To term such practices as suicide exhibits ignorance about Vedic or
Jain religion.
Under the law of the country nobody can be forced to eat or drink
against his /her will. The case of hunger strike is quite different. In
the case of hunger strike if the demand is made the person
concerned would automatically withdraw the fast. As such the
case of Santhara is quite different. Further, as already submitted
above, the practice of Santhara has become part of the culture of
Jain community. It is a part of religious practice for the person who
voluntarily takes vow of Santhara. It is not suicide as contemplated
under the provisions of the Indian Penal Code.
It is therefore submitted that the Hon'ble High Court was entirely
punishable offence under section 309 and 306 of the Indian Penal
Code.
LIST OF DATES
VERSUS
To,
no. 7414 /2006 whereby the Hon’ble High Court has allowed the
2. Questions of Law :
Hon'ble Court:-
of the records of the case in the Courts below against whose order
5. Grounds:
decision and who have a vital interest in the lis, are duly
Hon’ble High Court and the writ petitioner did not implead the
Court
Bhandari also recited the Atra and shlokas and narrated the
The Hon’ble High Court has not appreciated the form and
written submissions.
which could be good or bad, the soul gets bound to the body
and becomes subject to cycle of “birth and rebirth”. The
prevent the influx of new karmas, the soul has to let go of the
U. BECAUSE the saints and sages of India are known for their
defiance of death. When they realize the futility of their
perishable body or when they have achieved their goal;
forsaking the love of life, they voluntarily invoke death. In
the present times Swami Ram Krishna Paramhans, Sant
Vinoba Bhave, Maa Anand Moyee Devi denied the body. In
the same tradition the great Jain Achayra Hasti Malji maharaj
has willingly started on the epic voyage of great liberation.
Long ago he raised himself above pleasure and pain; now he
has risen above life and death. This is the normal
methodology of Indian sages and saints to achieve liberation
from the body; may be it is a mystery for science and a
secret for the Western World. In the present self centered
materialistic society full of competition and struggle, this
great torch bearer of the true “Shramanic” tradition of Lord
Mahivir this shining example of the best of humanity and
dedicated devotee has embarked on the epic voyage of self
realization denying the perishable body.
V. BECAUSE in India and the South East Asia where the Hindu,
Jain and Buddha culture has its way, there has been a
tradition of voluntary death amongst the saints. Having
attained the goals of their lives and after the powers of the
body have exhausted, Indian saints in the normal course
deny the body adopting the path of great liberation. In
Brahamic tradition is called living Samadhi and under the
Jain auspices it is termed Santhara. The right to die or to end
one’s life is not something new or unknown to civilization.
Some religions like Hindu and Jain have approved of the
practice of ending one’s life by once own act in certain
circumstances while condemning in it other circumstances.
Among Jain, practice of Sallenkhana is still prevalent. The
Ratnakarnda sravaka car (chapter 5) of Samantshadra
(about 2nd century A.D.) diaates on Sallenkhana which
consists in abandoning the body for the accumulation of
merit in calamities, famines extreme old age and incurable
disease.
parcel of the right to life with dignity and to live the duration
it to be appropriate.
D.B. Civil Writ petition no. 7414 /2006, the petitioner has prima
facie good case in its favour and has every likelihood to succeed
favour of the petitioners. It is, therefore, not only fit and proper but
Jaipur in D.B. Civil Writ petition no. 7414 /2006 during the
7. Main Prayer:
be pleased to:
case.
and
c) pass such other and further orders as may be deemed fit and
Drawn on :
Filed on :
IN THE SUPREME COURT OF INDIA
Versus
C E R T I F I C A T E
pleadings before the High Court whose order is challenged and the
DRAWN ON:
FILED ON: