Ahimsa Times 2007 12 SrNo 90

Author(s): Ahimsa Times
Publisher: Ahimsa Times

Page 13

AHIMSA TIMES - DECEMBER 2007 ISSUE - www.jainsamaj.org
Page 13 of 20
on the basis of quintessence of Hindu religion." However, the late eminent jurist and constitutional expert, Dr. L. M. Singhvi, in a letter dated June 3, 2006 to Shri A. R. Antulay, Minister for Minority Affairs, (re: Bal Patil judgment) there is a detailed discussion of the issue of the recognition of Jain religion as a religious minority in consonance with the secular faith of the Indian Constitution. Particularly he has stressed how the Jain Sramana and the Vedic traditions "differed substantially and sharply, even though both the traditions flourished among the same people living together in Bharat" and that the "Jains did not accept the authority and the orthodoxy of the absolute adherents of Vedas" just as the Jains also did not "accept the concept of Creator God and Created Universe." Dr. Singhvi also has referred to the Supreme Court decision in the case (Bal Patil vs. Union of India) which he considers to be an example of utter superficiality." What he has further noted is that the "judgment was also per curiam," and that "the Court simply said that a mandamus cannot be issued to command a recommendation be implemented, What it said was that it was for the Central and State Government to decide on the question. Earlier, larger Benches had recognized Jains as a distinct and separate. The judgment in Bal Patil case is a judgment of three Judges which goes against the judgment of 11 Judges and many previous judgments of larger Benches on the basis of which Jains must be recognized as a religious minority, distinct and separate from from the Hindus. Indeed, inclusive references to Jain and Sikhs in Article 25 of the Constitution clearly indicates that Jains, sikhs and buddhists despite being separate and distinct were accepted as minority religion." In conclusion he notes his "locus" as the Founder President of the World Jain Confederation commanding the support of all sects and denominations of Jains in India and throughout the world, and requests Shri Antulay to notify "Jains as a religious minority and to provide the much needed assurance to reinforce our Rainbow Pluralism and Unity in Diversity implicit in Indian Secularism" In the latest Supreme Court Appeal (Civil) 9595 of 2003: The judgment dated August 21, 2006, in the case of Committee of Management, Kanya Junior High School Bal Vidya Mandir, Etah, UP vs Sachiv, UP, Basic Shiksha Parishad, Allahabad, UP & Others, delivered by judges, SB Sinha and Dalveer Bhandari, emphatically states: "(The) Jain religion indisputably is not a part of Hindu religion. The question as to whether the Jains are part of the Hindu religion is not open to debate. Jains have a right to establish and administer their own institution. But only because an institution is managed by a person belonging to a particular religion the same would not ipso facto make the institution run and administered by a minority community. A minority is determinable by reference to the demography of a state. The Judgment further said: "The Founding Fathers of the Constitution had unequivocally recognized the Jains as a minority community as is evident from the proceedings of the Constituent Assembly. While keeping in view that the Jains are a minority community, a representative of the Jain community was taken in the Minority Advisory Committee of the Constituent Assembly," and further noted that "Jain religion indisputably is not a part of Hindu religion." The Gujarat Freedom of Religion Act, 2003, was enacted to amend the Gujarat Freedom of Religion Act 2003.
Following countrywide protests, and representations against the proposed amendment to the Bill the Gujarat Governor, Mr. Nawal Kishor Sharma recently returned the controversial Gujarat Freedom of Religion (amendment) Bill, 2006, saying the legislation violated the right to religious freedom. The bill, meant to check religious conversions, sought to replace the definition of convert by a new one under which a person renouncing one denomination and adopting another denomination of the same religion was to be excluded from the meaning of convert'.
Returning 'The Gujarat Freedom of Religion (amendment) Bill, 2006', the governor said "what made it more objectionable were three explanations stipulating that the Jains and Buddhists shall be construed as denominations of Hindu religion," The provisions of amendment bill violated Article 25 of the Constitution which guarantees to all citizens to freely profess, practice and propagate a religion, Sharma said. The bill should be reconsidered for suitable amendments so as to bring its contents in conformity with the Constitution, he said. In the aforesaid context, I demand retraction of the unwarranted and misleading statement on Jains being included in SCs and an unqualified apology by Dr. Vijay Sonkar Shastri and Mr. K. V. Madanan and also from the Editor, The Hindu for the publication of the impugned report in the The Hindu dated 05-11-2007, and request you to publish my rejoinder in The Hindu conclusively showing that the Jains are not SCs failing which I shall be constrained to take such appropriate steps as are necessary. (Bal Patil).
"JAINISM IS THE OLDEST & INDEPENDENT RELIGION OF THE WORLD" From, Sanjay Kumar Jain, President, VISHWA JAIN SANGATHAN -To, Smt. Sheila Dixit ji, The Hon'ble Chief Minister, Govt of NCT of Delhi, New Delhi.
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8/11/2009