A public interest litigation (PIL) has been filed in the Madhya Pradesh High Court seeking a legal ban on administering the Jain ritual of Santhara—a religious vow of fasting unto death—to minor children and persons of unsound mind.
The PIL was prompted by the death of a three-year-old girl from Indore, who was reportedly made to undertake Santhara by her parents in March while suffering from a brain tumour. The incident came to public attention in early May, sparking widespread concern.
On Monday, the Indore bench of the High Court directed that the girl's parents be added as respondents in the matter. The Centre, the Madhya Pradesh government, and the National Human Rights Commission are already named as respondents.\
Filed by 23-year-old social activist Pranshu Jain, the PIL argues that forcing minors and mentally ill individuals into Santhara violates Article 21 of the Constitution, which guarantees the right to life and personal liberty. The plea emphasizes that Santhara requires informed, voluntary consent—something a child or a person of unsound mind cannot legally give.
The petitioner also submitted a copy of a "Certificate of Excellence" issued by the Golden Book of World Records, which allegedly records the deceased girl as the “youngest person to take the vow of Jain ritual Santhara.” The certificate has been included as an annexure to the PIL.
Petitioner's counsel Shubham Sharma said the High Court ordered that the parents be included in the respondent list so that the authenticity of the certificate can be verified. The next hearing is expected on June 23.
According to Sharma, his client had written to both the central and state governments after learning about the child’s death through media reports but received no response, leading him to approach the High Court.
The girl's parents, who work in the Information Technology sector, have reportedly claimed that they were inspired by a Jain monk to administer the vow to their only child on March 21, at a time when she was extremely ill and having difficulty eating and drinking. They say the child died shortly after the ritual was performed.
The case has reignited debate around Santhara. In 2015, the Rajasthan High Court had ruled the practice punishable under Sections 306 and 309 of the Indian Penal Code, equating it to abetment of suicide. However, that decision was stayed by the Supreme Court following petitions filed by Jain religious groups.
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