Gujarat Freedom of Religion Bill

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1 Gujarat Freedom of Religion (Amendment) Bill 2006
2 Supreme Court of India's Opinion
3 Scriptural evidence from Bhagvata Purana: Jainism is not a part of Sanatana(Hindu) Dharma
4 References
5 External links

[edit] Gujarat Freedom of Religion (Amendment) Bill 2006

In order to regulate religious conversions, the Gujarat government is proposing an amendment ^[1] that will group Jainism and Buddhism along with Hinduism, and thus any adaptation of a faith within the group will not be considered a conversion ^[2]. The bill passed by voice vote in the Gujarat assembly on September 29, 2006.

All India Digambar Jain Mahasabha led by NK Jain opposed the move on Sept. 20, 2006. He stated that "Any government, as per their convenience and agenda cannot afford to curb our right of a religious identity" ^[3]

In general, the Jains consider themselves to be a part of the same culture and society as the Hindus, but consider themselves religiously distinct.^{[citation needed]}

Bhartiya Dharma Rakshak Sena (BDRS), a small organisation said to be run by Jains, maintains that all religions in India are a part of Hinduism, "which is not a religion but a culture." In a press release, on Sept 22, 2006, Jasmin Shah, Piyush Jain and Abhay Shah of BDRS stated that that the controversy is being promoted by forces who want to weaken Hinduism by creating minorities. They, however state that "Jainism is independent of Vedic religion, known as 'Hinduism'". ^[4] The BDRS members claimed that there four sub-sects in Jainism, out of which one, the Digambara sect, is demanding a minority status.

However on Oct 3, 2006 the predominant Jain sect in Gujarat, the Shwetambar Murtipujak Jain Sangh, held a meeting with state’s solicitor-general recently to assert that Jainism is a distinct religion and not a Hindu denomination. Shrenik Shah, Gujarat’s leading industrialist as well as the president of the All India Shwetambar Murtipujak Jain Sangh said that they had held a meeting with Gujarat’s solicitor-general and expressed their view to recognise Jainism as distinct religion. ‘‘We are not primarily concerned with the conversion aspect of the bill. But we have asserted our view that Jainism is a distinct religion,’’ said Shah ^[5]

[edit] Supreme Court of India's Opinion

In 2005, the Supreme Court of India declined to issue a writ of mandamus to grant Jains the status of a religious minority throughout India. However, the Court left it to the individual states to decide on the minority status of the Jain religion. (see, Appeal (civil) 4730 of 1999, Decided on 08/08/2005 Bal Patil & Anr. v. Union of India & Ors.^[6]

However, the Supreme Court, during a recent judgment, observed that "The Jain Religion is indisputably not a part of Hindu Religion". (para 25 of the Judgment, Supreme Court of India, Per Dalveer Bhandari J., Civil Appeal No. 9595 of 2003, decided On: 21.08.2006 Committee of Management Kanya Junior High School Bal Vidya Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad, Allahabad, U.P. and Ors.)^[7]

[edit] Scriptural evidence from Bhagvata Purana: Jainism is not a part of Sanatana(Hindu) Dharma

SANSKRIT VERSE

yasya kilānucaritam upākarṇya końka-veńka-kuṭakānāḿ rājārhan-nāmopaśikṣya kalāv adharma utkṛṣyamāṇe bhavitavyena vimohitaḥ sva-dharma-patham akuto-bhayam apahāya kupatha-pākhaṇḍam asamañjasaḿ nija-manīṣayā mandaḥ sampravartayiṣyate

TRANSLATION

Śukadeva Gosvāmī continued speaking to Mahārāja Parīkṣit: My dear King, the King of Końka, Veńka and Kuṭaka whose name was Arhat, heard of the activities of Ṛṣabhadeva and, imitating Ṛṣabhadeva's principles, introduced a new system of religion. Taking advantage of Kali-yuga, the age of sinful activity, King Arhat, being bewildered, gave up the Vedic principles, which are free from risk, and concocted a new system of religion opposed to the Vedas. That was the beginning of the Jain dharma. Many other so-called religions followed this atheistic system.

-Srimad Bhagvatam: Canto 5, Chapter 6, Verse 9