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A Short History of Jaina Lawl
Peter Flügel
Jaina Law is a less discussed term in Jainism. Before the National Commission of Minorities which came in existence in 1992, Jaina Law was understood just as a cluster of codes of conduct based on the injunctions of Jaina scriptures. But the Jaina's struggle for the legal recognition of the Jaina community in India as a religious minority from 1992 onwards has generated a renewed interest in Jaina law and an intense debate on the question of Jaina identity in the context of the wider question of the interface between religion, society, law and politics in contemporary South Asia. Despite their different religious beliefs and practices, for all practical purposes 'Jainas' are treated as 'Hindus' by the Indian state. As per a noted judgment, ''Hinduism' can be called a general religion and common faith of India whereas 'Jainism' is a special religion formed on the basis of quintessence of Hindu religion." The present article of Dr. Peter Flügel peeps into the realm of Jaina Law and analyses contemporary Jaina identity, legal and religious status in India. The Editor The nineteenth century English neologism 'Jaina law' is a product of colonial legal intervention in India from 1772 onwards. 'Jaina law' suggests uniformity where in reality there is a plurality of scriptures, ethical and legal codes, and customs of sect, caste, family and region. The contested semantics of the term reflect alternative attempts by the agents of the modern Indian legal system and by Jaina reformers to restate traditional Jaina concepts. Four interpretations of the modern term 'Jaina law' can be distinguished: (i) 'Jaina law' in the widest sense signifies the doctrine and
practice of Jainadharma or Jaina 'religion'. (ii) In a more specific sense it points to the totality of
conventions (vyavahāra) and law codes (vyavasthā) in Jaina
