Parents can’t obstruct daughter’s decision to become Jain Saadhvi: MP High Court

Justice Sandeep N Bhatt was hearing a plea of a woman seeking police protection to ensure her safety, liberty, and freedom of movement. She also wanted protection from her parents or relatives interfering with her decision to follow Shwetambar Jainism and pursue Diksha (renunciation of worldly life) to become a Jain Saadhvi.

“It seems that the petitioner, who is aged 20 years, a citizen of India, is entitled to follow the religion or practise of religion in her own way and to live her life as per her will. It transpires that the petitioner is following Jain Dharma and various aspects of Jain Dharma; now she has decided to renounce the world (to take Diksha) and to live her life as a Saadhvi,” the court said on September 7.

Woman seeks protection from family

A 20-year-old woman approached the high court at Indore seeking police protection, alleging that her parents and relatives were opposing her decision to follow “Shwetambar Jainism” and pursue “Diksha”. She apprehended that her family members could restrict her movement and liberty and prevent her from becoming a Jain “Saadhvi”.

Justice Sandeep N Bhatt was hearing a plea of a woman seeking police protection to ensure her safety.

Appearing for the petitioner, advocate Ashish Joshi submitted that she had already submitted a representation to the Commissioner of Police, Indore, seeking protection, but it was pending. She therefore filed a petition before the court, seeking protection from harassment, coercion, intimidation or interference by her parents, relatives or others.

The petition also sought directions to ensure that no one interfered with her decision to practise Shwetambar Jainism or take Diksha, and asserted her fundamental rights under Articles 19, 21, 25 and 26 of the Constitution.

Parents’ attachment can’t restrict liberty: Order

The court noted that Tanisha had decided to renounce the world and take Diksha to live as a Jain Saadhvi, while her parents and close relatives were trying to prevent her from doing so because of their attachment to her.

“It also transpires that the parents and near relatives of the petitioner, who have an obvious attachment towards her daughter, are trying to prevent her from doing so and, therefore, she has apprehension that, as her parents are influential persons in the society, they will not permit her to take Diksha and to live her life peacefully as a Jain Saadhvi,” the order said.

The court directed the woman to approach the Superintendent of Police/concerned police station if she faced any coercive action, including from her parents. The police were directed to take immediate action in accordance with the principles laid down in Lata Singh and Shakti Vahini v Union of India.