MP High Court Issues Notice On PIL Over Minor's Death Linked To Jain Ritual 'Santhara' Death Fast
The Madhya Pradesh High Court on Tuesday (July 8) issued notice to the Union and State governments on PIL seeking to ban the ritual of 'Santhara' for children below 18 years of age and persons of unsound mind.
For context, Santhara is a Jain ritual of voluntarily fasting unto death. As per this practice, a person gradually reduces his or her intake of food and water until death as a means of achieving spiritual purification and detachment from the world. The plea states that the practice involves a conscious decision to abstain from food and water which ultimately leads to death however it should be performed by an adult Jain individual who has a clear understanding of the practice and its implications.
The PIL was filed in the aftermath of the death of a three-year-old girl who was allegedly forced by her parents to undergo the Santhara ritual.
The division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi in its order said, "Issue notice to the respondents on payment of process fee within three working days. Notice be made returnable within four weeks. List after service of notice".
The respondents in the plea are Union of India represented through Ministry of Home Affairs and Ministry of Legal Affairs, the state's Chief Secretary, Chairman of National Human Rights Commission, state's DGP, Divisional Commissioner of Indore, Police Commissioner of Indore and the District Collector.
The court was hearing a plea moved by petitioner Pranshu Jain who is stated to be a social worker, challenging the inaction of the respondents on the brutal acts of family belonging to Jain community in Indore alleging it forced a 3-year-old girl to undergo Santhara due to which she passed away.
The plea states that the process of Santhara as per its requirement needs consent of the person adopting it. It is alleged that the minor girl child was left in a room for starvation till death, despite the fact that she did not even know what process she was going through and why.
The plea claims that as per the rituals prevailing in the Jain Community, a person who is capable of understanding and giving his/her consent can only undergo the Santhara process and that the santhara process cannot be forcefully applied on any person without their consent.
The plea alleges that soon after the passing away of the minor girl, the parents and the family members approached the Golden book of World Records and applied for certification of youngest person to undergo the Santhara process. Thereafter, the certificate was also issued to the parents of the minor deceased girl, the plea claims.
In light of these allegations, the petition sought directions to the respondents to prohibit the practice of Santhara for minors and for persons of unsound mind. The petition also prayed for action against those who initiate the Santhara on minor children and persons with unsound mind.
Case Title: Pranshu Jain v Union (WP No. 17313 of 2025)
Counsel For Petitioner: Advocate Shubham Sharma
Counsel For UOI: Deputy Solicitor General Romesh Dave
Counsel For State: Additional Advocate General Anand Soni