The Supreme Court on Monday stayed the Rajasthan high court order which termed the Jain religious ritual Santhara (fast unto death) as illegal.
The Rajasthan high court had in August made Santhara punishable under section 306 and 309 IPC (abatement of suicide).
"Santhara or fast unto death is not an essential tenet of Jainism," the HC had said, adding it cannot be termed as humane and is in violation with the basic human rights.
The petition in the Supreme Court claimed that the high court had erred in equating the religious practice with the offence of suicide while the fact is a "vow taken to purify the soul".
"Santhara is an ancient and old practice as old as the religion as the faith itself and the observations of the High Court in this regard is exfacie wrong and the references to the practice are found as far back as in Samvat 1389," the plea said.
"Article 25 (of Constitution) protects a right of every person to the 'freedom of conscience' which entitles a person to a right to have his own beliefs and faith and as such the so called 'modern' thinking cannot be imposed on the members of the Jaina Community," it said.
The petition came in the backdrop of protests by the community in Rajasthan and some other states against the high court order.
