NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

IUMCC 2020 MOOT PROPOSITION

India has been known to show its tolerance towards religions. Jainism has thrived for a long
time in India and Jains are strict followers of their religion. Jains are known to practise a subtle
form of passive euthanasia, commonly known as ‘Santhara’ or ‘Sallekhana’. Santhara means
starvation to death. This tradition has been practised since time immemorial, as Jains believe
that the path to salvation is attained by enduring pain.

Ten elderly Jains have decided to invoke Santhara to attain salvation. They are of the opinion
that they have performed all their worldly duties and have lived a long and good life and are
satisfied with it, and now, they wish to embrace death for attaining salvation. Jain Shwetambar
Sangha, Tonk Road, Jaipur has been in their support and has arranged for providing facilities
to these Jains and have also organised a Mahotsav for the Jains and they have begun their fasts.

Right Foundation, an NGO, filed a writ petition under Article 226 of the Constitution of India
in public interest against the Sangha and the Union of India before the High Court of Rajasthan,
claiming that Santhara be declared illegal as it was violative of several provisions of the Con-
stitution and that the Court must investigate the practice and subject the same to suitable pros-
ecution. Additionally, it was also claimed that the facilitation of the practice also be treated as
a criminal act.

The writ petition was allowed by the Rajasthan High Court and directions were issued to the
State authorities to stop the practice of ‘Santhara’ and to treat it as suicide punishable under
Section 309 of IPC and its abetment by persons under Section 306 of the IPC.

Unhappy with the decision of the High Court which equated Santhara with suicide, when in
fact, non-violence is a principal tenant of Jain religion, a group of Jains filed a Special Leave
Petition in the Supreme Court against the order of the Rajasthan High Court and the Supreme
Court granted a stay on it and decided to entertain the appeal.
ISSUES:
1. Whether this petition is maintainable?
2. Whether the tradition of Santhara is valid against the touchstone of Article 21 of the
Indian Constitution?
3. Whether Santhara is an essential religious practice and needs protection under Article
25 of the Indian Constitution?
4. Whether in fact the performance of Santhara is tantamount to suicide under Section 309
of the Indian Penal Code, 1860 and facilitating its performance, abetment of suicide
under Section 306 of the Indian Penal Code, 1860?