Book Title: Charitra Chakravarti
Author(s): Sumeruchand Diwakar Shastri
Publisher: Bharat Varshiya Digambar Jain Mahasabha

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Page 751
________________ assigning the highest place of respect to their Saints known as Teorthankars who according to the Jains have "successively become guperior Gods" (Vide Bhamandus Telmal v. Rajmal, 10 B.H.C.A. 241, 251). It is true that according to judicial decisions in the absence of proof of custom or usage to the contrary Hindu law applies to the Jains. Even so, their distinct and separate entity as a class by themselves govorned by their own religious tenets and beliefs cannot be disputed. Therefore, though as the Advocate General assumes 1t may be possible or perhaps even desirable to treat the Jains as Hindus for all logal and social purposes, that cloarly was not the object of tho Stato Legislaturo in passing the present Act. We must thorofore refuse to accept the contention of the Advocate Goneral that the main object of the Act is to remove all the distinctions between Jains and Hindus. The othor consequence of the Advocate Goneral's argument boing accepted would be that this Act confers rights upon high class Hindus which thoy did not possess before the passing of this Act, bocauso according to the Advocato Goneral after this Act .was passed overy Hindu becamo entitled to enter a Jain tenple even though he did not have such a right before the passing of this statute. That construction also, in our opinion, is totally opposed to the objest and purpose of this legislation. This logislation was not passed in order to comfor any roghts upon high class Hindus. It was passed solely for the purpose of removing disabilities of Hari Jans. The dofinition of "temple" also lends support to the construction we are placing upon the statuta, becauso a tompl. 18 dofined as a place of roligious worship which is go by custom, usage or otherwise. That Jain Education International For Private & Personal Use Only www.jainelibrary.org

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