Fragile Laws, Firm Faith: The Ancient Practice of Santhara in the Post-Truth World

Abstract

The Jain ritual of Equanimous Death, encompassing Sallekhana and Santhara represents a deeply spiritual practice rooted in the ideals of renunciation and mental balance. Revered within Jain philosophy, this practice reflects an unwavering commitment to embracing mortality with serenity and purpose. Yet, as Indian legal systems grapple with balancing the sanctity of life and the freedom of religion, Equanimous Death has come under increasing scrutiny. This ancient tradition raises profound questions about how fragile modern laws can accommodate practices anchored in timeless spiritual truths. Indian jurisprudence, shaped by colonial histories and contemporary ideals, often falters when addressing rituals that blur the boundaries between autonomy, morality, and legality. In this evolving landscape, Equanimous Death offers a unique ethical lens to examine these tensions. It challenges the law’s temporal and ever-changing nature while exposing its inability to fully grasp the spiritual depth of such practices. By exploring landmark legal cases, constitutional principles, and philosophical discourses, this paper investigates how the Indian judiciary navigates this delicate intersection. In a world increasingly influenced by post-truth narratives—where emotional appeals often take precedence over objective reasoning—Equanimous Death demands a reevaluation of the law’s role in a rapidly changing society. Ultimately, this paper reflects on whether modern jurisprudence, shaped by transient social and political forces, can transcend its inherent limitations to honor practices that embody profound ethical and spiritual values. It seeks to provoke thought on the evolving relationship between faith, law, and the human pursuit of transcendence in contemporary India.

Presenters

Rishabh Gandhi
PhD Scholar, Department of Law and Governance, Vishwakarma University, Maharashtra, India

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

2025 Special Focus—Fragile Meanings: Vulnerability in the Study of Religions and Spirituality

KEYWORDS

JAINISM, RELIGIOUS DEATH, LAWS, HUMAN RIGHTS, SANTHARA, EQUANIMOUS DEATH