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Suicide Or Religious Freedom? The Jain Practice That Has The Judiciary Conflicted

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By Ankita Ghosh:

It’s been a particularly difficult week for Gulab Chand Kataria, Home Minister, Government of Rajasthan after the Rajasthan High Court ruled for criminalizing of the Jain practice of Santhara. Torn between religion and responsibility, Kataria says, “If Santhara is suicide, organ donation is murder” but reaffirms that the government does not intend to move Supreme Court. Jainism, one of the oldest existing religious beliefs in the world has had a long and spiritually motivated religious history. The Jains with their unmatched faith in the principle of non-violence even restrict their diets so as to be minimally invasive to organic life, and fasting for a prolonged period of time has become a well-accepted practice among some particularly staunch and orthodox believers.

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But society has come a long way since the days when religious practices like ‘corporal mortification’ went unchallenged and without legal opposition. While fasting has always been seen as a spiritual means of detoxification of the human soul, ‘fasting unto death’ is increasingly being considered manifestation of a disturbed mental state. Hence, religious practices such as the Santhara practice among Jains have come under thorough scrutiny by law. The Rajasthan High Court, that recently passed a ruling criminalizing this practice, had unleashed a jet of protests from Jain groups across the country only a fortnight ago. The protests brought representatives of all convergent and differing Jain sects, mainly the two opposing sects of Digambars and Swetambars, together as well as gathering support outside the Jain community.

Dharma Bachao Andolan Samity, that was leading the protests, had called for countrywide rallies in a bid to defend what they consider a just ritual. In preparation for the imminent mass-protest that was supposed to be staged on the 31st of August, demonstrations in different parts of the country had already been underway. Many had reportedly shaved their heads in parts of Uttar Pradesh and Madhya Pradesh as a mark of outcry, including some non-believers. The day of mass-protest was supposed to see Jains observing complete abstinence from public institutions such as schools and workplaces.

What comes as a rude shock is the fact that Santhara had been branded as a criminal offence on the grounds of being a form of ‘attempted suicide’, which is booked under Section 309 of the Indian Penal Code. Now this poses us with a rather grave question. Is a secular state violating what figures on the top of the list of Fundamental rights given to the Indian citizen – Right to Religion (Articles 25-28, Constitution of India)? However the answer can’t be that simple since Right to Life comes in direct conflict with that of religious freedom.

Advocates for euthanasia will reason that Right to Life (Article 21, Constitution of India) automatically entails one’s right to end one’s own life, simply put, ‘Right to Die’. While suicide pertains to a desperate, clinical state of mind in need of medical assistance, euthanasia is meant to arm an individual with the choice of putting a logical end to suffering through medical assistance. Spiritual practices like the Santhara practice fall in a wholly different category. Practitioners in this case make conscious adult decisions with meditative calm to attain a higher form of emancipation from the cycle of rebirth (an established spiritual philosophy).

The protesting Jains had taken their appeal to the apex court following the Rajasthan High Court ruling. Latest developments however seem to be somewhat encouraging for the Jain community as the Supreme Court put a stay order on the Rajasthan High Court ruling on Monday, 31st of August, the day of the previously scheduled mass-protest. Bans on religious rituals can be legally tricky and it should be noted that legislations against religious customs are a volatile issue. Religion is the most sensitive premise in India and in most cases we are left confused with more questions than answers. As a concluding thought, Santhara is a completely voluntary method and only allowed in cases of old age, terminal illness, with consent of family and religious guru, or the complete absence of liabilities/responsibilities. A criminal ban on Santhara better have very strong humanitarian arguments in its support to escape charges of religious bias and majoritarianism.

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An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

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A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

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