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24th August Hindu Editorial NotesDownload

24th August-2015Editorials:A reductive reading of SantharaSanthara is the - "Art of Dying".When the seeker looses the capability of carrying its basic needs by itself, and thus becomesdependent on others, then this technique is used to transcend the body and move on, to the newlife. Widely practised by Jains in India, is a voluntary tradition of fasting till death, that Jains believewill help them attain ultimate salvation.Why is it not a Suicide:Some reasons are as under:1- Unlike suicide, its not spontaneous. On the contrary, its a long process and may take as manyas 30+ days. A psychologist will know that its not possible to remain suicidal simultaneously forsuch long periods of time.2- It's not performed because of any depression or loss of hope.3- It's a yogic technique (Tapas) as it requires consistency of mind for a long period of time.4- Just as when a garment becomes old and unusable; a person replaces it with a new. Similarly,its a yogic technique, which is used to change our current old and shattered bodies with new andbetter vehicles.5- It's forbidden to be used when the person is young and capable, so that it may not be used asan excuse to end ones life, or commit suicide.Why is it not euthanasia:Santhara is a complete opposite of euthanasia.Euthanasia is a process of deliberately ending the life to relieve someone from pain or suffering.It requires use of medicines that makes a person unconscious and then gradually kills him in thisunconsciousness.Santhara on the contrary is the process of raising ones awareness to unparalleled heights so onemay consciously experience ones own death.It's not performed to relieve oneself of ones pains or suffering. In fact, this process increases thesuffering as once commenced, the seeker stops taking even the basic medicines or pain-killers.It's the greatest Tapas/austerity a human is capable of performing. It's the greatest meditation, thegreatest single leap a seeker can make on his journey to Godhood. To understand this concept intrue sense of the word, one will need to understand Shraman Theology. Only then, its truemeaning, and the science and logic behind this process can be fully understood.Legal ControversyRajesh NayakIn India, suicide remains a crime. The police are allowed to arrest people attempting a hungerstrike where there is danger, and to force-feed the person and charge them.In 2006 human rights activist Nikhil Soni and his lawyer Madhav Mishra, filed a Public InterestLitigation with the Rajasthan High Court. The PIL claimed that Sallekhana should be consideredto be suicide under the Indian legal statute. They argued that Article 21 of the Indianconstitution only guarantees the right to life, but not to death. The petition extends to those whofacilitate individuals taking the vow of with aiding and abetting an act of suicide. In response, theJain community argued that it is a violation of the Indian Constitutions guarantee of religiousfreedom.This landmark case sparked debate in India, where national bioethical guidelines have been inplace since 1980.

In August 2015, Rajasthan High Court cited that the practice is not essential tenet ofJainism and banned the practice making it punishable under section 306 and 309 IPC(Abetment of Suicide).Background1. In Jainism, both ascetics and householders have to follow five major vows (vratas):Ahimsa(Nonviolence), Satya (truthfulness), asteya (nonthieving),Brahmacharya (celibacy), Aparigraha (Non-possessiveness). Ascetics must observe these vows more strictly. Jain ethicalcode prescribes seven supplementary vows, which include three gua vratas andfour ik vratas.2. According to a survey conducted in 2006, on an average 200 Jains practice sallekhanauntil death each year in India. Chandragupta Maurya (founder of the MauryaEmpire) died by observing the vow of Sallekhana at ravaa Begoa in Karnataka.3. According to Jain Agamas, following should be avoided after taking the vow ofSallekhana. desire to live desire to die recollection of the pleasures enjoyed longing for the enjoyment of pleasures in future.4. There is a similar Hindu practice known as Prayopavesa or sanjeevan samadhi.Todays Newspaper Editorial Point about Santhara:1. Rajasthan High Courts verdict against Santhara, or the centuries-old Jain practice ofvoluntarily starving to death. On August 10, 2015, the courts Jaipur Bench ruled on apublic-interest litigation (PIL) filed in May 2006 against the practice.2. It held that Santhara would henceforth be treated as suicide and accordingly madepunishable under the relevant sections Section 309 (attempt to commit suicide) andSection 306 (abetment of suicide) of the Indian Penal Code.Rajesh Nayak3. It made its absolute rejection of the Jain philosophy underlying the practiceunequivocally clear.4. The word Santhara means a way of life and encompasses a way of dying as well. InJainism, the body is seen as a temporary residence for the soul which is reborn.5. Santhara encapsulates a different narrative. It is a ritual act of purification, done inconsultation with a guru, and follows the most detailed of procedures. It cannot be animpulsive act or an egoistic one. It bears the imprimatur of theology and the approval ofsociety.6. Three forms of suicide the anomique, the egoistic and the altruistic genres of suicide(based on the personalities of people).7. Anomie is a state of normlessness of rootlessness where an individual commits suicidebecause nothing binds him. It is associated with social disorganisation and imbalance andDurkheim has tried to illustrate this by giving examples from economic life.8. Egoistic suicide occurs when the individual feels full of himself. These are suicidescommitted by persons who are self-centred and to whom self-regard is the highest regard.9. In altruistic suicide, a person sacrifices himself. It is a form of sacrifice in which a personputs an end to his life by some heroic means in order to promote or further the interest ofthe cause or idea dear to him.10. In a sociological sense, altruistic suicide comes closest to Santhara. It is a ritual of givingup the body in times of old age, famine or catastrophe or when an individual feels theneed to be closer to cosmic cycles.11. Many people have pointed to the coercive, even aspirational aspects of the practice.Witnesses claim that families whose reputations are at stake often refuse to let a personchange his mind.12. There is an aspirational aspect as families of the individual who wishes to observe

Santhara get respect and status, so they often tend to advertise the act. Here, Santara isoften presented as sati. Its voluntariness is forgotten.13. The court after its abbreviated move through philosophy, ethics, language and law has reduced the whole to one narrow issue, namely the test of essentiality. It asks whereSanthara is an essential tenet of Jainism and declares that it is not. The court could havebeen strict about aberrations or deviations from Santhara but to reduce the ritual act tosuicide amounts to an exhibition of illiteracy. The court seems more worried about thedebates on euthanasia and sati than about looking at Santhara as a cultural practice withits own repertoire of meanings.14. Effectively, the judgment in Nikhil Soni is predicated on two primary grounds. First, thatthe guarantee of a right to life does not include within its ambit a promise of a right todie, and therefore, that the practice of Santhara is not protected by Article 21 . Second,that Santhara, as a religious practice, is not an essential part of Jainism, and is hence notprotected by Article 25 , which guarantees a persons right to religious freedom andconscience.

By Rajesh Nayak

24th August Hindu Editorial Notes