The Madhya Pradesh High Court on Tuesday issued notices to the Centre, state government, National Human Rights Commission, and the parents of a three-year-old girl who died after undergoing the Jain ritual of Santhara, following a Public Interest Litigation (PIL) that challenges the practice when applied to minors or mentally ill individuals.
A division bench comprising Justices Vivek Rusia and Binod Kumar Dwivedi of the Indore bench directed all parties to file their responses within four weeks. The matter is expected to be heard again on August 25.
The PIL, filed by 23-year-old Indore-based activist Pranshu Jain, asserts that compelling a child to undertake Santhara — a centuries-old Jain ritual involving voluntary death by fasting — violates the fundamental constitutional rights to life and personal liberty under Article 21.
According to the petitioner’s counsel, advocate Shubham Sharma, the case centers on the alleged coercion of a terminally ill three-year-old girl, suffering from a brain tumor, into taking the vow earlier this year. “The child was incapable of understanding or consenting to such a grave decision,” Sharma told PTI.
Following the girl’s death, her parents — both IT professionals — reportedly secured a certificate from the Golden Book of World Records, citing her as the youngest person ever to undertake Santhara. The incident triggered public outrage, with the parents later stating that a Jain monk had inspired them to perform the ritual, arguing that the child was suffering greatly and could no longer eat or drink due to her illness.
Despite representations to authorities, no official action was taken, prompting Jain to move the high court, Sharma added.
The PIL gains significance against the backdrop of a 2015 Rajasthan High Court judgment, which classified Santhara as a punishable offence under Sections 306 and 309 of the IPC, pertaining to abetment and attempt to suicide. However, that ruling was later stayed by the Supreme Court after protests by Jain organisations, leaving the legal status of the practice in limbo.
