SANTHARA: ARTS & CULTURE

SANTHARA: ARTS & CULTURE

NEWS: What is Jain ritual Santhara? 3-year-old battling brain tumour dies after IT couple makes only child 'fast unto death'

WHAT’S IN THE NEWS?

A 3-year-old terminally ill girl was made to undergo Santhara, a Jain ritual of fasting unto death, raising serious ethical and legal concerns over child rights and religious freedom. The incident triggered national outrage and investigation, highlighting the conflict between parental authority, religious practices, and a child’s right to life and dignity.

1. Context and Immediate Trigger

  • A three-year-old terminally ill girl in Madhya Pradesh was initiated into Santhara, the Jain ritual of fasting unto death.
  • The incident sparked nationwide outrage after she was posthumously recognized by the Golden Book of World Records as the youngest person to take the vow.
  • This raised serious concerns about non-consensual participation, parental responsibility, and religious misuse involving a minor.

2. Legal and Investigative Response

  • The Madhya Pradesh Child Rights Commission took suo-motu cognizance of the incident.
  • Authorities are exploring potential violations under child protection laws.
  • Legal action is being considered against the parents and spiritual leader, who facilitated the act.

3. Key Ethical Dilemmas Raised

a. Parental Consent vs Child Autonomy

  • While parents are legal guardians, ethical boundaries exist in life-ending decisions.
  • A toddler lacks capacity to understand or consent to death or religious vows.
  • Parental consent in such cases cannot ethically replace the child’s autonomous rights to life and dignity.

b. Right to Religion vs Universal Child Rights

  • The act was justified by parents and the monk on the grounds of Jain religious freedom under Article 25 of the Constitution.
  • However, this right is not absolute—it is subject to public order, morality, and health.
  • The UN Convention on the Rights of the Child (UNCRC), to which India is a signatory, upholds child protection as paramount.
  • Religious freedom cannot override a child’s right to life, development, and protection.

c. Medical Ethics vs Spiritual Belief

  • Doctors argue that the child should have been provided palliative care, not subjected to spiritual fasting.
  • Medical ethics prioritize “non-maleficence”—avoiding harm, especially when recovery is not possible.
  • The case exposes a clash between faith-based rituals and evidence-based medicine, especially in end-of-life scenarios.

d. Cultural Sensitivity vs Constitutional Morality

  • While India is culturally diverse, the Constitution requires that fundamental rights prevail.
  • Article 25 guarantees freedom of religion, but not at the cost of life and dignity of children.
  • Constitutional morality demands prioritizing human dignity, especially for the vulnerable, over cultural relativism.

4. Understanding Santhara (Sallekhana)

  • Santhara or Sallekhana is a Jain religious vow of voluntary fasting unto death.
  • It involves gradual renunciation of food and water and is believed to purify the soul.
  • The practice is rooted in Jain values of non-violence, detachment, and spiritual liberation.
  • Jain texts like Ratnakaranda Shravakachara (4th century AD) state it is appropriate only in old age, incurable illness, or extreme hardship, and must be undertaken voluntarily with full spiritual maturity.
  • Traditionally practiced by elderly or terminally ill adults, not minors.

5. Legal Status of Santhara in India

  • In 2015, the Rajasthan High Court declared Santhara illegal, terming it akin to suicide.
  • The Supreme Court stayed this order, recognizing it as a religious practice protected under Article 25.
  • However, no legal framework exists for regulating Santhara, especially for minors, who cannot give informed consent.

6. Constitutional and Legal Framework for Child Protection

a. Constitutional Provisions

  • Article 21: Guarantees the Right to Life with Dignity, applicable to children and adults alike.
  • Article 39(e) and 39(f) (Directive Principles): Direct the State to protect children from abuse and ensure a safe environment for their development.
  • Article 15(3): Allows the State to make special provisions for children, overriding general laws where needed for child welfare.

b. Key Child Protection Laws

  • Juvenile Justice (Care and Protection of Children) Act, 2015:
  • Emphasizes protection from abuse, harm, and neglect.
  • Parental consent cannot justify actions that lead to harm or death of the child.
  • POCSO Act:
  • Reinforces that children must be protected even from their own guardians, especially in harmful or exploitative situations.
  • NCPCR and State Commissions:
  • These statutory bodies are empowered to monitor, intervene, and recommend legal action when child rights are endangered.

7. International Legal Standards

a. UN Convention on the Rights of the Child (UNCRC), 1989

  • Article 3: All decisions must consider the best interest of the child.
  • Article 6: Recognizes every child’s inherent right to life and commits to ensuring their survival and development.
  • Article 19: Calls for protection against all forms of violence and abuse, including by parents or guardians.
  • Article 24: Requires governments to abolish harmful traditional practices that threaten children’s health or survival.

b. Global Precedents

  • Norway – Child Welfare Act (Barnevernloven):
  • Allows state intervention and removal of custody if children are at risk, including from harmful spiritual practices.
  • United States – CAPTA (Child Abuse Prevention and Treatment Act):
  • Defines child abuse to include religious neglect, allowing courts to override parental belief systems to protect the child.
  • In cases of faith healing deaths, courts have charged parents with manslaughter or neglect.

8. Key Legal and Ethical Doctrines

  • Best Interest of the Child: All actions must prioritize the child’s safety, health, and dignity above cultural or parental preferences.
  • Parens Patriae: The State is the guardian of all minors and can intervene when parents fail to act in the child’s best interest.
  • Children are not property: Parents cannot make life-ending decisions on behalf of children under the guise of religious faith.

9. Way Forward

a. Policy Intervention

  • Formulate clear national guidelines on religious practices involving children, especially in life-threatening contexts.
  • Define legal accountability for guardians and religious leaders involved in such decisions.

b. Awareness and Sensitization

  • Educate parents, spiritual leaders, and communities on:
  • Legal obligations
  • Child rights
  • Ethical responsibilities in faith-based decisions

c. Institutional Strengthening

  • Strengthen child protection bodies like NCPCR and State Commissions to act proactively, not just after tragic incidents.
  • Improve monitoring of religious events involving children.

d. Medical Integration

  • Ensure access to palliative care for terminally ill children, guided by scientific and compassionate principles.
  • Develop interdisciplinary end-of-life care protocols balancing cultural sensitivity with medical ethics.

10. Conclusion

  • The child’s death under the Santhara ritual underscores a conflict between religious freedom and child rights.
  • Constitutional morality, which upholds life, dignity, and protection, must prevail over unregulated personal belief systems, especially where minors are involved.
  • In a diverse and pluralistic society like India, ethics must be grounded in protection of the vulnerable, not blind adherence to tradition.

 

Source: https://www.livemint.com/news/india/what-is-jain-ritual-santhara-3-year-old-battling-brain-tumour-dies-after-it-couple-makes-only-child-fast-unto-death-11746353449981.html