http://www.gulfnews.com/world/India/10071190.html
Published: 09/30/2006 12:00 AM (UAE)
Renu Rakesh/Gulf News
The procession carrying Vimla Devi Bhansali arrives at the
funeral ground amid chants in her praise.
Ritual death sparks hot debate
By Renu Rakesh, Correspondent
Jaipur: A 60-year-old woman in the Indian state of Rajasthan, who
started a fast-unto-death as a religious custom, died early on Thursday
morning.
Her death has sparked a debate in the country on whether an
individual should be allowed to fast with an intention of dying and attaining
"moksha", or deliverance from worldly sorrows, and on why it should not be
equated with committing suicide.
Vimla Devi Bhansali decided to observe "Santhara", an age-old
ritual of the Jain community, on September 15 after doctors diagnosed her with
the fourth stage of bone cancer and brain tumour. She gave up food and water,
and did not take even her medicines.
For the Jain community, especially the Shwetambara sect the
religion is divided into two sects, the other being Digambara she became a
demigod. People thronged her house to pay respects to the woman.
But Vimla Devi spawned a legal process, questioning her decision. A
lawyer filed a public interest litigation in the Rajasthan High Court
challenging the practice and praying the court declare it a criminal act.
Petitioner Nikhil Soni's lawyer, Madhav Mitra, asked the court to
declare Santhara as illegal and punishable under the prevalent law of land. He
has also prayed that abetment of the custom be declared a criminal act, too.
"We petitioned the court to put it under the purview of section 309
of the Indian Penal Code [IPC], and thus making observing the fast a crime,"
Mitra said.
The high court in the state, which incidentally has the largest
population of Jains in the country, then issued notices to the central and
state governments asking them why the custom should not be equated with suicide
or Sati, a Hindu practice in which a woman jumps immolates herself on husband's
funeral pyre.
The case is scheduled for next hearing on October 5.
Meanwhile, Vimla Devi died and added fuel to the legal fire. Her
body was kept on the verandah of her house in the morning for people to come
and pay their last respects. Later, it was carried in a procession to the
crematorium.
At the funeral ground, people shouted slogans in her praise and
said she had attained a high stature in the community by doing what she did,
and wished they, too, died in the same manner.
Members of the Jain community, including Vimla Devi's family, see
nothing wrong with the custom.
Sohal Lal Bhansali, her husband, said: "It is different from
suicide since it's not a result of a passionate mood of anger or deceit. How
can anyone equate this with suicide or Sati?"
Santhara is a procedure in which a Jain stops eating and/or
drinking with the intention of preparing for death. This is also said to be
done for purifying one's body. In the Digambara sect of the community, the
practice is known as Sallenkhana.
The court has asked the Centre, the state and two Shwetambara Jain
organisations Sthanakvasi Jain Shravak Sangh and Shrimal Sabha to respond to
its notices by October 5.
However, going by the reaction of the community leaders over Vimla
Devi's death, it seems it wouldn't be an easy task for the Indian court to
balance law and religion.
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