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भ० महावीर-स्मृति-ग्रंथ
the commentaries which are authorities on Hindu Last In fact Lord Maha. sira, the last Tirthankara was a contemporary of Buddha and died 527 B. C. Jain religion refers to a number of precious Tirthankaras and there can be little doubt that Jainism as a distinct religion was flourishing several celturies before Christ. In fact, Jainssm rejects the authority of the Vedas which form the bed-rock of Hinduism and denies the efficacy of the various ceremonies which Hindus consider essential.
So far as Jain law is concerned Jains have their own law book which deal also with Jain Lar. There is no ground for applying the Hindu Lay as deteloped by Viñajnešvar and other commentators written screral centuries after Jainism which was a distinct and separate religion with its own religious ceremonial and legal system en bloc to Jains
Now let us see what Justice Rangaekar of the Bombay High Court remarks on page 518 I L. R. 1937.
"It is true as later historical researches have shown that Jainism provailed in this country long before Brahmanism came into existence and it is wrong to think that the Jains were originally Hindus and there subsequently converted into Jains. Nos it is settled that Courts-should start with the presumption that Hindu law of adoption Tould not apply to the Jains, and the burden of proving to the contrary would be on the Jains. Whether this state of things requires a change or not is a matter more for the Jains than for any one else. "
Sir D F. Mulla in Chapter XXX of Hindu law says.
"Jains reject scriptural character of the Vedas and repudiate the Brahmaanical doctrines relating to obsequial ceremonies; the performance of the Shraddhas and the offering of oblations for the salvation of the soul of the deceased. Jains do not believe that a son cither by birth or adoption confers spiritual benefit on the father. They differ from the Huudus in their conduct towards the dead, omitting all obsequies after corpse is burnt"
These quotations of eminent and disinterested scholars go to prove the decessity of framing the Jain Code and also its application to the Jauns as the spirit of the Jain Scriptures i. e. of Jain Lax eres remained quite distinct from that of the Brahmins and others The Jain community issery grateful to the Jain Sera Mandal, Nagpur, The Forkers of the society especially Mfr. Alaspurkar the learned Adrocateand the General Secretary of the said andal published a useful pamphlet giving weighty opinions on the Draft Hindu Code The Mandal requested the Hindu Law Committee to cxamine the solemn verdict of jurisprudence, the history of Jainism rith up-to-date researches and its ancient tradition and religion. It has nightly observed, "To allow the Fains to be governed by the Hindu Lin means destruction of the very fabric of the fan theology and religion
