Mahavira Smruti Granth Part 01

SR No.: 010530
Original Sutra Author: N/A
Author: Kamtaprasad Jain, Others
Publisher: Mahavir Jain Society Agra
Total Pages: 363
Language: Hindi
Classification: Smruti_Granth
File Size: 9 MB

Page 293

R. N. SHAH
R. 1121.) But in 1880 such a custom was set up by a Jain widow, but the Leamed Judge not being aware of the injunctions of the Jain Scriptures on the point held that she could not make a gift of her husband's property and that she has not proved that custom Does it not amount to destruction of the very fabric of the Jain tbeology, culture and religionSo also according to the Hindu Lay the son of a deceased person has the right to perform the anniversary ceremonies (AMR) of the deceased It 18 not only his right but Teligious duty But there is no such ceremony, nor religious duty among the Jains.
Thus there are in every branch of Hindu Law strong peculiarities of its 0972, which are not at all prevalent among Jains. Hindu Law varies accordng as a person concerned is a memher of twice-born (P ATENTor of Sūdra class, male or female. Hindu Law is essentially and preminently a law of status. All these peculiarities are absent in Jain Law Hindu Law is applied to Hindus as their personal Lay Why then should it be made compulsonly applicable to Jains when the spirit of the Jain Law is quite distinct from the Law of Brahmins and others ? Our Jain Law grew out of the inner necessity of our corporate life
Now I shall point out not only the defect in the definition of Hindu, but its ridiculous nature also.
"Hindu is any person who is Hindu by religion" and Hindu by religion means and includes even a dissenter such as Jains however radical his diferences from the strict Brahmanism may be. Suffice to comment that no sabe person would be satisfied with this state of things and such a far stretched and illogical definition.
Even Banner is in his Hindu Law at pages 19 and 20 severely criticises the application of Hindu Law to Jains. This is objected because rules of Hindu Lap particularly those relating to adoption, ingeritance etc. bear a strong Brahhmaanical character and it is not right or resonable that the persons other than the followers of the strict Brabmanical religion such as, Jains and Lagayats, should be governed by them
It also objected that Jains are not merely dissenters, but they are distinct Iron Hindu ( Hirachand Vs Sonpal I L R. 1939 Bom, 572) All this discussion leads to prove that the Jains have their independent and impartial scriptures, ideal culture, best literature and the Jain law a5 laid down by the Jan-Acharyas. Admittedly one will have to opice chat Jain law is superior to and more magnanimous than Hindu Law in many respects. Will it not be. under these circumstances, unjust, unfair, ideguitable and illogical to makc the Hindu law, which has its own number of difficulties and deficiencies as has been pointed out by eminent Judges ja several cases, applicable to the Jains who are not only dissenters from the Hindus, but whose religion is quite