Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 43

26
TIE JAINA LAIY
the judoco," and the complice, equity an
that in almost all the cases noted above, the parties and the Court claimed and felt that Jainas were not governed by Hindu Law; but, as in ordinary cases, where the law is silent, the Courts decide in accordance with "justice, equity and good conscience" and the compendious phrase means the judges' understanding of English Law, so in Jaina cases, Jaina Law not being non-existent but being unexhibited in the Court, the Judges identify the "justice, equity and good conscience” of the case with principles of Hindu Law. But an error, however venerable by age, remains an error still. And, apart from whether the Jainas should or shall try to have justice done to their old rules of law by having them recognised and acted upon by courts of law, the true facts of the case must be disclosed.
But it may well be asked : after all, what is the practical loss to the Jainas, if they are governed by Hindu Law? And why should they have submitted to it for about a century, if it was really repuguant to their instinct and to their religious and historical traditions ? The answer to the last question is : that the Jainas have been ignorant and scattered so far, and that by improved communications between the most distant parts of India, it is only lately that they have begun to realise their common needs, common history and the features that unmistakeably