Decoding the Judgment (on Santhara/Sallekhana) of the Rajasthan High Court, Jaipur Bench
(D.B.Civil Writ Petition No.7414/2006 (PIL) Nikhil Soni V/s Union of India & ors. Date of Order:- 10.8.2015)
C Devakumar (Jain), M.Sc., Ph. D., FNAAS
Former Assistant Director General, ICAR, New Delhi
(Mob. 08010509335)
The Jain religion is possibly the oldest living religion being practised all over the world. Literature in Tamil (the most oldest classical language), Sankrit, Kannada and Marathi, Gujarati etc. is also plenty. The epigraphic records in Indian landscape are testimony to Jain practices including Santhara/Sallekhana which is hailed as Vadakkiruththal (meditating facing north) in ancient Tamil literature. The PIL has been influenced by an incident of alleged glorification of Santhara-led death in Jaipur in 2006. The centuries-old practice which was not banned even during Muslim and British rules has received this jolt by this judgment in the Independent India. It must be stated that the battery of leaned advocates for respondents tried very hard to plead for the dismissal of the PIL. The State of Rajasthan must be commended for supporting this practice before the Hon’ble Court. The Hon’ble Court has cited many instances such as sati, human sacrifice, producing more children as a part of religious practices that came up for adjudication and judgments including those adjudicated by the Constitution benches to drive home the point that making an exception to this practice under the law of the land is not possible. The Hon’ble Judges have found merit in the PIL on the grounds that Santhara/Sallekhana is not an essential part of the Jain religion and that the respondents have failed to produce evidences that this practice can be saved under Article 25 of the Constitution of India.
What are the available options other than the legal course to save this practice?
1. The definition and scope of Santhara/Sallekhana must be clearly enunciated. Neither fast unto death nor prolonged fasting are the only options under this practice. Imagine a situation: the plane is going to explode. As an ardent Jain, the passenger instantly takes this vow knowing well that there is no chance of survival. There are safety exit options in case the aspirant finds himself/ herself ill-equipped to pursue it further. The guidance of the Guru and self-assessment are the key. Samadhi maran, ichcha mrutyu and Prayopavesa are Hindu practices similar to Santhara/Sallekhana. The respondents have listed examples of Vinoba Bhave, Ramakrishna Paramahans and so this practice is not exclusive to Jains. These facts must be brought out before the Hon’ble Court.
2. This is an opportunity for Jain samaj to get united to take stock of the situation and become pro-active. The various Jain sangh can volunteer to get accredited under International Organization for Standardization ( JAINA can help us in this matter. The standard Operating
Procedures for Santhara and Sallekhana can be developed and presented before the Judiciary and the Government. 3. The historical evidences (scriptural, epigraphic and historical records of this practice) before and after Independence may be compiled on priority. Scholarly publication on Santhara/Sallekhana involving international scholars may be brought out.
Sallekhana, Santhara and Suicide: A Snapshot
Dr C. Devakumar
Jain dharma believes that there is a soul encased in a physical body such as a human body. The bondage of soul with physical body is said to be time imemorial like a gold metal in an ore. The soul needs to be freed from this bondage through the spiritual process of self-purification. Such awakened aspirants pursue this process of self-purification basically into two ways.
The first and foremost called Sramana path is to renounce the world and become a full-time practitioner in the form of saints and nuns. The second path called Sravaka or householder-path is to keep an eye on self-purification as a joint activity while leading the worldly life.
The soul getting a new body is birth and departure from that body is death. For an awakened Jain, births and deaths are mere signposts in the life journey. A spirited aspirant in the path of liberation is well aware that this body is not his soul as it is verily the manifestation of physical matter called karma. He therefore neither celebrates birth nor mourns the death. He always tries to adopt equanimity positioning himself in his own soul. The spiritual aspirant is concerned only with the progress of his soul in the path of purification and least bothered with the associated physical body. As this karmic bondage is from time-immemorial, it is not easy to see the soul disassociated from the encased physical body, and the physiological and psychological functions. The aspirant has to be steadfastly awake in this path, lest he will slip away from the path of self-purification.
The word sallekhana is actually sat+ lekhana meaning making his death an immortal act by firmly fixing his entire focus on his soul at the time of departure. Samleshana (Samyak + leshana) on other hand refers to noble means of gradual withdrawal of his association with the physical body and the associated psychic defects. Santhara is a posture adopted by a practitioner of Sallekhana. Both the words refers to the same practice viewed at two opposite angles. Satlekhana is fixing oneself in ones’ own soul. Samleshana is the withdrawal part of this practice.As we could now understand, Sallekhana/Samleshana is the continuance of his life-long spiritual practice even during death. As we could understand, there is no cause for advancing death. In fact,any desire of advancing death is forbidden as an at char in this practice.
There is a common usage of the term Samadhi Maran as if it is a single word. Samadhi is the equanimous state of mind. Samadhi maran refers to this state of mind at the time of death. There is a saying in Tamil “'காக்காஉட்காரபனம்பழம்விழுந்தகதை'”. It means that just as the crow sits on the top of the palm tree, the fruits falls off. The fallng of the fruit is not caused by the crow. One is not the reason for another. Similarly, death has not caused the Samadhi and vice versa.There are two processes- unwinding of past karma and the efforts of the soul, occurring in a single individual. Death is caused by the Ayush karma. Sadhana is practised by the soul. Sadhana can be a life-long process. Death only interrupts but the sadhak revives it in the next or subsequent birth till he/she reaches salvation. It is not correct to claim moksha out of santhara for all cases. Through santhara or sallekhana, we are not advancing even a second in our life span controlled by Ayush karma which has inter-dependent function (nimitta-naimittika phenomenon). Time has come to delink death from this practice. We need to rework our approach and procedure to this sadhna so that any semblance of force is ruled out. Making sallekhana/Santhara synonymous with death is causing all-round confusion and commotion.
I believe that the case at the Rajasthan High Court has emerged due to allegedly poor understanding of the true significance of Sallekhana by the Jains related to the deceased sravak Smt Bimla Devi. The entire premise that Jains are seeking provisons for right to die is completely misplaced. Once this principle is accepted, the following ruling of the Hon’ble High Court can be challenged suitably.
- The Constitution does not permit nor include under Article 21 the right to take one's own life, nor can include the right to take life as an essential religious practice under Article 25 of the Constitution (Para 40).
Comment: We have no argument on this ruling.
- No religious practice, whether essential or non-essential or voluntary can permit taking one's own life to be included under Article 25. The right guaranteed for freedom of conscience and the right to freely profess, practice and propagate cannot include the right to take one's life, on the ground that right to life includes the right to end the life. Even in extraordinary circumstances, the voluntary act of taking one's life cannot be permitted as the right to practice and profess the religion under Article 25 of the Constitution of India (Para 41).
Comment: We have no argument on this ruling.
- The respondents have failed to establish that the Santhara or 'Sallekhana' is an essential religious practice, without which the following of the Jain religion is not permissible. There is no evidence or material to show that the Santhara or Sallekhana has been practiced by the persons professing Jain religion even prior to or after the promulgation of the Constitution of India to protect such right under Article 25 of the Constitution of India. The over-riding and governing principles of public order, morality and health, conditions the right to freedom of conscience and the right to freely profess, practice and propagate religion. The right under Article 25 is subject to the other provisions of this Part, which includes Article 21. We are unable to accept the submission that the practice of 'Santhara' or 'Sallekhana' as a religious practice is an essential part of the Jain religion, to be saved by Article 25 or Article 26 or Article 29 of the Constitution of India (Para 42).
Comment: We need to challenge as a matter of facts and records about the first two statements. Sallekhana is an essential part of every Jain. It is a provision, he or she can invoke in his/her life. Please remember the daily prayer” Let my miseries of transmigration be destroyed; let my karma be destroyed; let self-awakening arise in me; let me lead a path of self-purification, let me end this body of mine with equanimity of my soul and let the virtues of victors of this path fill in me” ("dukkhakkhavo, kammakkhavo, bohi laho, sugayi gamanam, samahi maranam Jinaguna sampatti hovu majjam")
The hundreds of scriptural and epigraphic evidences prove the antiquity and sanctity of this practice as inseparable element of Jain dharma. Till the time of Acharya Kundakunda, sallekahan was an essential part of 12 vows for the householder. As time passed by, Acharya Umaswami ji in the immortal book Tattwartha Sutra delinks it from the 12 vows but motivates us to adopt sallekhana with enthusiasm at the time of death. On the part of Jain community, it must revisit the practice of Sallekhana so that it can educate the masses on Do’s and Don’ts.
Some of them are:
- Do understand what is sallekhana and santhara. It does not give you instant nirvana.
- Do understand that it is not seeking early death by any means.
- Do understand that it is adopted with full application of mind and most voluntarily in calm mind. It is not adopted for glory either to the individual or to his/her family or community.
- Do not force oneself or other at any time into this practice.It will be criminal offence.
- You should be free to abandon or suspend it at any time without remorse or guilt.
- Do not indulge in loud bhajan as this practice calls for noble silence.
- Do not glorify the death borne out of santhara by large funeral procession. It is just a physical body devoid the soul.
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No unnatural death helped by any external aid whatsoever would qualify the title of sallekhana which is the culmination of a long time sadhana with the natural termination of body-soul relation without rancour or sorrow but equanimity of mind. This is like winning the World championship after several rounds of matches with utmost sportsmanship. Aids like denial of oxygen, injection of poison, jumping into fire and jumping from high altitude, forceful denial of water and food,. physical injury or assault etc. do not have any role whatsoever.
Dear Thiru Boobalan ji. You raised an important point. Tamil Jains seldom find a mention in main publications. Could you please share the exact mantra that is being recited during cremation. This may be useful in Supreme Court.Our Kannada and Marathi Jains may also share this information. It can retrieved from our Mutts.The photo profile of both Sagarji who ended their innings with sallekhana maybe published in Srutakewali as published documents carry weight is the court. Compilation of inscriptions mentioning this last act is also required please. The stories of Kopperunchozhan-pisiranathaiyaar in puranaanooru and Kavunthi adigaL in silappathigaram come to my mind. The PaLLis are atanding examples of these acts. It is time that a publication on sallekhana with the benefits, Tami literature quotes historic accounts, procedure (do's and don'ts) etc is brought out soon. It can be a compilation of articles in the form of a special issue.
Santhara/Sallekhana
Sat+lekhana = it is like an inscription on stone. As the inscription in a high mountain not easily accessible to common people will remain for thousands of years, taking a vow of salleakhana makes a lasting impression in the journey transcending the births and deaths of a mumukshu. The true mumukshu sensing the near death of his body discards it like an owner of a hut gutted in fire. He does it with calmness of act with no rancour or regret. He does it in a systematic manner lasting an hour or a year. He does not invite any public attention whatsoever but with the guidance of an Acharya or head of a sangha.
I must compliment the Advocate Shri Bandhari for his spirited argument spiced up with scriptural quotes in the Hon'ble High Court which was not inspired though.The Hon'ble High Court of Rajasthan could not find a provision for this act within the Article 25 of the Constitution. While the Jain community will challenge this verdict and irrespective of the outcome of the SLP in the Honble Supreme Court, no power on earth can really stop the mumukshu pursuing his mortal end in the peaceful manner as prescribed in scriptures. Even any such hindrance of this variety is a part and parcel of his life-journey.
So let us not despair. The journey goes on.