This paper explores the complex legal and philosophical issue of Santhara, a Jain ritual of voluntary fasting unto death, examining its compatibility with the right to life enshrined in the Indian Constitution.
The author introduces the religious framework of Jainism, outlining its principles of non-violence and detachment from material existence, and explains how Sallekhana and Santhara are regarded as acts of spiritual purification rather than suicide.
Through an in-depth analysis of key judicial decisions – from Maruti Shripati Dubal vs State of Maharashtra (1987) and Gian Kaur vs State of Punjab (1996) to Nikhil Soni vs Union of India (2015) – the work traces the evolution of the debate between freedom of religion, the right to life, and the right to die with dignity.
The discussion culminates in the Supreme Court of India’s landmark ruling in Common Cause vs Union of India (2018), which recognizes passive euthanasia and the right to a dignified death as integral components of the right to life.
The study offers a nuanced reflection on the intersection of spirituality, human rights, and criminal law, highlighting the delicate balance between respecting religious traditions and safeguarding life within modern legal systems.
The language of the paper is Italian.
Keywords: Santhara, Sallekhana, Jainism, right to life, right to die, euthanasia, India, freedom of religion, comparative law, ethics, criminal law, Supreme Court of India, Common Cause vs Union of India, Gian Kaur vs State of Punjab, P. Rathinam vs Union of India, Maruti Shripati Dubal vs State of Maharashtra, Vanessa Danna, University Institute of European Studies, ritual suicide, human dignity.
