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APPENDIX B.
boy could not be adopted after his marriage, and there was no doubt that the Agartala Jaina belonged to one of the twiceborn classes."
So thc thcory that Jainas are Hindu dissenters or simply Hindus has become quite established, and the principle of slare decisis makes its dislodgment difficult, though by no menns iinpossible. That I want to impress here is this, that, in almost all the cascs noter abore, the parties and the court claimed and felt thnt Jainas were not gorerned by Hindu Lott; but, as in ordinary cases, there the larr is silent, the courts decide in accordanco with “justice, equity and good conscience," and the compendious phraso means the Judges' undorstanding of Englislı Lat; 50 in Jaipa cases, Jaina Lat not boing exbibited in the Court, the Judges identify the "justice, cquity anl good conscicnco" of the CASU with principles of Ulindu Law. But an error, hotcrer renerable by age, remains an orror still. And, apart from thether the Jainas should or shall try to have justice douo in their old rules of lavr by having thein recoguised and acted upon by Courts of loss, the true fncts of the case must be disclosed.
But it may well be asked : after all, that is the practical loss to the Juinos, if they aro gorerncd by Ilindu Lav? And trhy hare they submitted to it for about a contury, if it was really ropagnant to their instinct and their religious and bistorical traditions ? Tho answer to the last qucstiou is : that the Jainas have been ignorant and scattorcd so far, and that by improved communication botireen the most distant parts of India, it is only lately that thoy havo begun to realiso their commou nocds, common history and the scaturos thnt unmistakcably distinguish their livos and idenls from thoso of their Hindu brethren ? As to the first question, it is cnough here to romark that Jainn Lat diffors from Eiudu Law just whore it would be oxpected to, namely, in the root-principles of it.
