Escolar Documentos
Profissional Documentos
Cultura Documentos
OF 2015
[From the final judgment and order dated 10.8.2015 passed by the
Honble High Court of Judicature for Rajasthan at Jaipur brnch,
Jaipur in D.B. Civil Writ petition no. 7414 /2006.]
WITH PRAYER FOR INTERIM RELIEF
IN THE MATTER OF:
Akhil Bharat Varshiya Digamber Jain Parishad.
Petitioners
Versus
Union of India & ors..
Respondents
WITH
PAPER
BOOK
FOR INDEX
KINDLY SEE INSIDE
INDEX
S.NO.
Particulars.
1.
2.
Listing Proforma
3.
4.
5.
6.
Annexure P-1
A copy of the D.B. Civil Writ Petition No.
7414/2006 filed before the Honble High Court
of Judicature for Rajasthan at Jaipur bench,
Jaipur dated 29.5.2006
7.
Annexure P-2
A copy of the order dated 22.09.2006 of the
Honble High Court of Judicature for Rajasthan
at Jaipur Bench, Jaipur in D.B. Civil Writ Petition
No. 7414/2006
8.
Annexure P-3
A copy of the impleadment application filed
before the Honble High Court of Judicature for
Rajasthan at Jaipur Bench, Jaipur in D.B. Civil
Writ Petition No. 7414/2006 dated 29.9.2006
9.
Annexure P-4
copy of the order dated 21.12.2006 by the
Honble High Court of Honble High Court of
Judicature for Rajasthan at Jaipur Bench, Jaipur
in D.B. Civil Writ Petition No. 7414/2006
10.
Annexure P-5
Written submissions filed by Shri Veerendra
kumar Jain filed before the Honble High Court
of Judicature for Rajasthan at Jaipur Bench,
Jaipur in D.B. Civil Writ Petition No. 7414/2006
dated nil.
11.
Annexure P-6
copy of the reply filed by the State
Government filed before the Honble High
Pages
A
Annexure P-7
Copy of the order dated 23.04.2015 passed by
the Honble High Court Honble High Court of
Judicature for Rajasthan at Jaipur Bench, Jaipur
in D.B. Civil Writ Petition No. 7414/2006
13.
Annexure P-8
Copy of the impleadment application No. 23487
of 2015 filed by the petitioner before the Honble
High Court of Judicature for Rajasthan at Jaipur
Bench, Jaipur in D.B. Civil Writ Petition No.
7414/2006
14.
I.A. No.
of 2015
Application for permission to file the special
leave petition
SYNOPSIS
The
present
case
involves
substantial
question
as
to
the
Court
and
the
writ
petitioner
did
not
implead
the
which
have
however
not
been
taken
into
from
inadequate/erroneous
knowledge
of
pious
to
the
Jain
philosophy,
this
liberation
and
the
Jain
philosophy
therefore
lays
great
stress
on
Tyag
to
renounce
various
material
pleasures
including
process
of
renunciation,
and
finding
contentment,
Writ
petitioners
oral
version
of
the
practice
of
such
instance
is
there
in
the
Jain
religion
where
of
Sallekhna
prevalent
in
the
country
in
Jain
other religions
It is submitted that the concept of Santhara/ Sallekhana is not
alien to the vedic culture also. The two commendations of Manu,
Govendhara and Kulluka say that a man may under take the
Maha prasthan on a journey which ends in death, when he is
incurably ill or meets with a great misfortune.
The Law of Manu edited by F. Max Mullar adds a note stating that
voluntary death by starvation was considered the befitting
conclusion of hermits life. The antiquities and general prevalence
of the practice may be inferred from the fact that the Jain ascetics
too consider it meritorious. Suicide or attempt to commit it has
never been an object of abhorrence or condemnation which would
be so if life by it self was considered reverend.
Everyman as per Hindu religion lives to accomplish four objectives
of life Dharma Artha Karma and Moksha. When the
earthly objectives are complete, religion would require a person
not cline to the body. Thus a man has moral right to terminate his
life, as death is simply changing the old body to a new one. Life is
sacred. It is the gift of god and he alone can take it. There is life
after death and the individual soul must complete the full cycle of
birth.
In recent days Acharya Vinoba Bhave met his end by undertaking
what could be termed as sallekhana. The erstwhile Prime Minister
Mrs. Indira Gandhi cut short her Russia visit and came to persuade
(b)
of
Police
v.
Acharya
Jagadishwarananda
in declaring
of
LIST OF DATES
------
is
replete
with
instances
of
monks
and
that
the
practice
of
Santhara
or
counsel
to
implead
bodies/associations
29.9.2006
as Annexure P-2.
Shri Veerendra kumar Jain a person belonging to the
Digambar Jain Sect filed an impleadment application in
the writ petition. A typed copy of the said impleadment
application
is
enclosed
herewith
and
marked
as
Annexure P-3.
21.12.2006
order
was
passed
on
his
application
for
as Annexure P-5.
The State Government of Rajasthan filed reply to the writ
petition opposing the reliefs prayed in the writ petition.
Typed copy of the reply filed by the State Government is
enclosed herewith and marked as Annexure P-6.
It is submitted that the Union of India, though a party in
23.04.2015
12.5.2015
10.08.2015
OF 2015
Position of parties
In the High
Court
Not Party
In this
Court
Petitioner
No.1
VERSUS
1. Union of India, through the
Secretary, Deparment of Home,
New Delhi
Respondent
Contesting
No. 1 Respondent
No. 1
Respondent
Contesting
No.2 Respondent
No.2
Contesting
respondent
no.3
Respondent
Proforma
No.3 Respondent
No.4
Respondent
Proforma
No.4 Respondent
No.5
To,
Hon'ble the Chief Justice of India
Petitioner
no.1
2.
(ii)
of
sallekhana
and
santhara
with
suicide
and
(iv)
(vi)
(vii)
(xi)
(xii)
before
4.
5.
Grounds:
The Special Leave to Appeal is sought for on the following
judgment,
without
appreciating
the
basic
in
the
written
submissions
filed
by
the
Jainism
renunciation
is
religion
Tyag, Aprigraha
seeking
happiness
in
having
food
after
sunset
practice
called
Apart from this, the Jains also carry out a 10 day celebration
called the Paryushan Parv in the Indian calendar month of
Bhadra pada which is also nothing but a celebration of
renunciation.
All
Jains
young
and
old,
Sadhus
and
happiness
by
abjuring
desires
for
material
This
process
of
renunciation,
and
finding
is
nothing
but
systematic
process
of
In the Jain
and is thus free from the cycle of birth and rebirth. Thus to
get out of the said cycle, a vow of sallekhana is essential. At
which stage of the cycle birth and re-birth a person may be
is not known and this is error which the Honble High Court
has committed to decide whether this practice forms a core
of the religion. The High Court views the Jain religion
followed by an individual in the spectrum of one life span
only and therefore considers that since all Jains do not take
Santhara or Sallekhana it cannot be termed as an essential
religious practice. The Jain faith on the contrary is not limited
to one life span and but accepts birth and rebirth until the
soul attains moksha. Whether the soul gets liberated and
achieves the eternal bliss is dependant on the karmas of all
births
and
re-births
which
accumulate to
decide
the
means
gradual
weakening
of
the
religion
concepts
altogether.
The
allegations
are
of
Sallekhana
and
Santhara
was
connected
Article
26
lays
down
that
every
religious
its
own
affairs
in
the
matter
of
religious.
U. BECAUSE the saints and sages of India are known for their
defiance of death. When they realize the futility of their
perishable body or when they have achieved their goal;
forsaking the love of life, they voluntarily invoke death. In
the present times Swami Ram Krishna Paramhans, Sant
Vinoba Bhave, Maa Anand Moyee Devi denied the body. In
the same tradition the great Jain Achayra Hasti Malji maharaj
has willingly started on the epic voyage of great liberation.
Long ago he raised himself above pleasure and pain; now he
has risen above life and death. This is the normal
methodology of Indian sages and saints to achieve liberation
from the body; may be it is a mystery for science and a
secret for the Western World. In the present self centered
materialistic society full of competition and struggle, this
great torch bearer of the true Shramanic tradition of Lord
Mahivir this shining example of the best of humanity and
dedicated devotee has embarked on the epic voyage of self
realization denying the perishable body.
V. BECAUSE in India and the South East Asia where the Hindu,
Jain and Buddha culture has its way, there has been a
tradition of voluntary death amongst the saints. Having
attained the goals of their lives and after the powers of the
body have exhausted, Indian saints in the normal course
deny the body adopting the path of great liberation. In
Brahamic tradition is called living Samadhi and under the
Jain auspices it is termed Santhara. The right to die or to end
ones life is not something new or unknown to civilization.
Some religions like Hindu and Jain have approved of the
practice of ending ones life by once own act in certain
circumstances while condemning in it other circumstances.
Among Jain, practice of Sallenkhana is still prevalent. The
Ratnakarnda sravaka car (chapter 5) of Samantshadra
(about 2nd century A.D.) diaates on Sallenkhana which
consists in abandoning the body for the accumulation of
merit in calamities, famines extreme old age and incurable
disease.
W. BECAUSE in the case of Smt. Gyan Kaur the Honble
Supreme court while acknowledging that right to life does
not include a right to die but it was clarified as under:The right to life including the right to live with human
dignity would mean the existence of such a right up to
the end of natural life. This also includes the right to a
dignified life up to the point of death, including a
dignified procedure of death. In other words, this may
include the right of dying man to also die with dignity
when his life is ebbing out. But the right to die with
dignity at the end of life is not to be confused or
equated with the right to die an unnatural death
curtailing the natural span of life
It is submitted that the process of sallekhana is part and
parcel of the right to life with dignity and to live the duration
of the life in the manner one chooses to individually. The same
cannot be forced upon the in the matter in which others think
it to be appropriate.
6.
facie good case in its favour and has every likelihood to succeed
before this Honble Court. The balance of convenience is also in
favour of the petitioners. It is, therefore, not only fit and proper but
also in the interest of justice that Your Lordships may be pleased to
stay operation of the final judgment and order dated 10.8.2015
passed by the Honble High Court of Judicature for Rajasthan for
Jaipur in D.B. Civil Writ petition no. 7414 /2006 during the
pendency of the present petition.
7.
Main Prayer:
OF 2015
Petitioner
Versus
Union of India & Ors.
Respondents
C E R T I F I C A T E
Certified that the Special Leave Petition is confined only to the
pleadings before the High Court whose order is challenged and the
other documents relied upon in those proceedings.
No additional
out
grounds
urged in the