How Jainism Got Recognised As An Independent Religion
JAINISM'S fight for recognition as a distinct, independent religion is almost a century old.
It started when during the British Raj the Viceroy and Governor General of India, Lord Minto, under a reformist movement, decided to give the religious minorities a proper representation in the central legislature.
In this regard, the then president of the Bharatvarshiya Digamber Jain Sabha, Seth Manek Chand Hirachand wrote a petition for the inclusion of the Jain community for representation in the council separately from Hinduism and Buddhism.
In his reply dated October 15th, 1909 to this petition, the Secretary to the Government of Bombay stated,
"I am directed to inform you that a number of seats have been reserved for representation of minorities by nomination and that in allotting them, the claim of the important Jain Community will receive full consideration."The 97 year long conquest for independent recognition came to an end when finally, in year 2006, the Supreme Court of India in a judgement ruled that "Jain Religion is indisputably not a part of the Hindu Religion".
1. 1927 - In a case, Gateppa vs. Eramma and others, reported in AIR 1927 Madras 228, the Madras High Court held that,
2. 1939 - In a case of dispute between Hirachand Gangji and Rowji Sojpal, reported in AIR 1939 Bombay 377, it was observed that,
3. 1951 - A Bombay High Court division bench consisting of Chief Justice Chagla and Justice Gajendragadkar, with respect to Bombay Harijan Temple Entry Act, 1947 held that,
4. 1954 - In The Commissioner Hindu Religious Endowments, Madras vs. Shri Lakshmindra Thirtha Swamiar of Shri Shirur Mutt, reported in AIR 1954 SC 282, a court observed that,
5. 1958 - In famous Kerala Education Bill 1957 case, reported in AIR 1958 SC 956, a court held that,
6. 1968 - In Commissioner of Wealth Tax, West Bengal vs. Smt. Champa Kumari Singhi & Others, reported in AIR 1968 Calcutta 74, the Calcutta High Court observed that,
7. 1976 - In Arya Samaj Education Trust, Delhi & Others v. The Director of Education, Delhi Administration & Others reported in AIR 1976 Delhi 207, following observation was made :
The Court quoted Heinrich Zimmer in "Philosophies of India" wherein he stated that,
"Jainism denies the authority of the Vedas and the orthodox traditions of Hinduism. Therefore, it is reckoned as a heterodox Indian religion".The Court also quoted J. N. Farquharin in "Modern Religious Movements in India" wherein he stated that,
"Jainism has been a rival of Hinduism from the beginning".In conclusion, the Court noted,
8. 1993 - In A.M. Jain College v. Government of Tamil Nadu, a court observed that,
9. 2005 - The Supreme Court of India ruled that,
10. 2006 - The Supreme Court of India, finally, in their 2006 landmark judgment found that,
With this ruling Jainism legally got its long due recognition as a separate religion, and in January 2014, the Government of India explicitly awarded the status of a "minority religion" to the Indian Jain community, as per Section 2(c) of the National Commission for Minorities (NCM) Act, 1992.
Through all these years, the only redundant argument envoked by the fundamentalist agencies opposing the independent identity of Jainism was that "inclusion" of Indian religions under one umbrella i.e. Hinduism was necessary to fight against Western influences.
This argument is absurd in the core because it ignores the fact that inclusion doesn't mean absorption. It means and peaceful acceptance of pluralism, difference, and diversity.
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