Dey, Deblina (2025) Santhara in Late Life: Approaching Death the Religious Way or a Form of Elder Abuse. In: Handbook of Aging, Health and Public Policy: Perspectives from Asia. 1st ed. Springer Nature, 2463- 2481. ISBN 978-981997842-7; 978-981997841-0
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In late life, care for oneself may become particularly challenging owing to financial dependency or the experience of debilitating illness and disabilities. State support for older persons in India is quite dismal. Both, the inadequacy of palliative care facilities and old age homes as well as the quality of care provided, are disconcerting. The family remains the primary source of care in late life. Yet, reports of elder abuse within families are not uncommon. In the light of the above, the contention that santhara, undertaken usually by older adults in some Jain families, is a form of suicide and those encouraging it within the family must be charged with abetment to suicide, prima facie, may appear like an important observation. Is eulogizing the practice of fast unto death (santhara) a form of denial of the fundamental rights of older persons, and does it constitute elder abuse? The chapter examines this question by revisiting the 2015 Rajasthan High Court judgment in Nikhil Soni which outlawed the practice and discusses the flawed grounds on which it rests. The debate around the right to dignified death has been a perpetual quandary for the Indian state. The state’s discomfiture regarding the implementation of a right to die as a constitutionally valid law is in contradiction to the Jains’ celebration of the rite of passage to death through santhara. The 2015 judgment was followed by protests by Shvetambar Jains (a sect among Jains) and ultimately led the Supreme Court to revoke the ban on santhara. This chapter attempts to understand the implication of intervention by the secular state into the age-old religious practice that threatens to weaken the promise of religious freedom. The findings are based on scriptural analysis provided by religious preachers and interviews with family members of those who have undertaken santhara. The chapter provides a socio-legal explanation of santhara and highlights the significance of the practice among Jains. Santhara is not considered as a tragic moment but rather is an act of bravery as is evident from the ecology of care sustained by the community throughout the santhara phase. My findings suggest that the routinised and methodical dimensions of the practice that is publicly validated thwarts the possibility of abuse of older kin. Thus, the cultural script of dying through santhara represents an alternate worldview which the (colonial) state law is unable to comprehend.
| Item Type: | Book Section |
|---|---|
| Subjects: | Physical, Life and Health Sciences > Health Policy |
| JGU School/Centre: | Jindal Global Law School |
| Depositing User: | Mr. Luckey Pathan |
| Date Deposited: | 01 Feb 2026 16:33 |
| Last Modified: | 01 Feb 2026 16:33 |
| Official URL: | https://doi.org/10.1007/978-981-99-7842-7_37 |
| URI: | https://pure.jgu.edu.in/id/eprint/10816 |
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