Santhara - Legal Controversy

Legal Controversy

In 2006 human rights activist/lawyer Nikhil Soni and his lawyer Madhav Mishra, filed a Public Interest Litigation (PIL) with the High Court of Rajasthan. The PIL claims that Sallekhana is a social evil and should be considered to be suicide under Indian legal statute. The petition extends to those who facilitate individuals taking the vow of with aiding and abetting an act of suicide. Jains argue this is a violation of the Indian Constitution’s guarantee of religious freedom.

This landmark case sparked debate in India, where bioethics is a relatively new phenomenon. Historically, Sallekhana has been accepted because of its religious context, while euthanasia and attempted suicide are criminal offenses. Hunger strikes are a common form of protest in India but often end with forced hospitalization and criminal charges. In the 1996 case of Gian Kaur v. State of Punjab the Indian Supreme Court ruled that human rights guaranteed by the Constitution do not include the right to suicide under any circumstance. However, it is not clear at present as to on what grounds and statistics, Santhara is to be held illegal. The Indian Penal Code punishes any attempt to commit suicide, but this provision is in itself somewhat contentious, since it would punish only an unsuccessful attempt at suicide.