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भ० महावीर-स्मृति मंध।
found inadequate to the complex needs of modern Society. Thought is being rapidly internationalised, put on a pure human basis troscending race, caste, creeds and sects.
It may seem highly anomalous in an era like ours to advance any acctronal claims The whole of society is moving forward to an unprecedeat integration. Old walls are crumbling, man's thought is acquring solidity not practicable in previous eras of history. But at the same time we have to recognise existing barriers and do what may be necessary to ensure the gura vival of what has come down to us from the past through the Great Masters, Acharyas, Thinkers, Seers and Institutions
Jalisme, it is strongly claimed in this article, is not onig one such an age-old institution, but according to somc eminent scholars it is impossible to find a beginning for Jainism. At present it is represented in India by twenty to twenty-five lacs of votaries scattered and spread over the various parts of Bharatvarsh (Note: It is named after ta, the eldest son of s uu69, the first Tirthankara It was early known as Margare after at the father of Rishabba, the founder of Jainism). The Jains, under the present legal system have a few disabilities which it is the object of this paper to point out and further to claim Jain Code be framed and made applicable to them. It must be remembered that Hindu Laps are not words of precise interpretation. It is an incorrect and most unhappy expression.
At present the Hindu Dharma or Lay applies to Jams except so far as such Law 18 vanied by custom ( Vide 8 Bombay , 45 Borbay 754, 50 Madras, 228) 1 The Srutis, 2 The Smetis and 3 Custom are three main courses of Hindu Law. Out of these three, Srutis include the four Vedas The Smritis constitute the principal source of Law 1 The Code of Manu 2 The Code of Yījaavalkya 3. The Code of Nárad are the three principal Smritis which were compiled during the period varying from 2000 À D. to 5th or 6th Century A. D Here it may be worth-noting that the Smritis do not agree with each other in all respects. Hindu Law is a mixture of morality, religion and law The distinction between positive law and moral i8 208 observed in Hindu Jurisprudence. This is what 18 remarked by Shri
· Bannerji
Now it can be proved that the Jains bave texts and scriptures of their OND far far anterior to the Shrutis and Smritis which can be codified as Jain Lay.
The Jaia scriptures such as Halal, G -FONTEI senila,
TARI, Fargaridan het (afsir) etc. have unfortunately never been referred to nor incorporated in the existing system Mayne defines "Hindu is any person who 18 a Hindu by religion " "This definition necessarily exchudes lains unlegg Tin 19m e nanendered to haofnun
Jaini9m 13 considered to be a form or a branch of Hinduism"
