OTHER MINORITIES

The Jain Community's Memorandum to Prime Minister

On Sunday, 11 August, 1996 a delegation of prominent Jain leaders representing different organization from all over India met PM Deve Gowda at New Delhi and submitted a Memorandum urging him to declare Jains as a minority community under Clause (C) of Section 2 of the National Minorities Act, 1992. The Prime Minister gave a patient hearing to the delegation and assured that he would look into the matter sympathetically.

The above delegation was led by Mr. Ashok Kumar Jain, Chairman, All India Teerthaksetra Committee and Mr. D. Surendra Kumar, Senior Vice-President, Bharatiya Jain Milan and former Member of Karnataka Minorities Commission along with prominent representatives of Dakshin Bharat Jain Sabha. Memorandum.

The Jains have not been accorded their legitimate Minority status by the Government of India even though the National Commission for Minorities have made a specific recommendation to those effects.

The Jain community has repeatedly represented its case for declaration as a Minority community to the Ministry of Social Welfare, Government of India, and the National Commission for Minorities during the last 15 years. The Jain religion is a radically different ancient Sramanic tradition from the Vedic-Brahminic one, and secondly, that it is a distinct minority community by virtue of the demographic fact of being a minority population in every State of India and in the Indian population as a whole.

The Jains repudiate the authority of the Vedas. In his Allahabad speech Nehru said on 3rd September 1949: "No doubt India has vast majority of Hindus, but they could not forget the fact that there are also minorities- Muslims, Christians, Parsis and Jains.

The acting Chief Justice Kumar Swami Shastri in Getappa vs. Vermma and others (AIR 1972) said: "Were matters res integra, I would be inclined to hold that modern research has shown that the Jains has an origin and history long anterior to the Smritis and Commentaries which are recognized authorities on Hindu law and usage. The Jain religion refers to a number of previous Tirthankaras and there can be little doubt that Jainism as a distinct religion was flourishing several centuries before Christ.

In fact, Jainism 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 it has its own Law books of which Bhadra Bahu Samhita is an important one. Vardhamana Neeti and Aradhana Neeti by the great Jain teacher Hemchandra deal also with Jain Law. On 25th January, 1950 Jawaharlal Nehru clearly assured (a lain) delegation that the Jains are not Hindus and on 31.1.1950 his Principal Private Secretary, Shri A.B. Ghai wrote the following letter in reply to the petition:

"Your delegation has drawn attention to Article 25. This Article merely makes a definition this definition by enforcing a specific constitutional arrangement circumscribes that rule. Likewise, you will note that this mentions not only Jains but also Buddhists and Sikhs. It is clear that Buddhists are not Hindus and therefore there need be no apprehension that the Jains are designated as Hindus... There is no doubt that the Jains are a different way affected by the Constitution. religious community and this accepted position are in no Constitutional position, and if the inclusion of the Jains, If that is the Buddhists and Sikhs does not affect their independent religious status, and more significantly still, if the Buddhists and Sikhs have been declared as Minorities. The Jain community fails to understand why they should according to the Government of India Resolution No. F.8- have been excluded. It is interesting to note that 9/93-SC/ST dated 28.7.95 of the Ministry of Human Resources Development, Deptt. of Education, SC/ST Minorities Education (published in Part I Section I of the Cell, constituting a National Monitoring Committee for Gazette of India) in its Memorandum on Minorities Education CL. 3.1.3 mentions that "according to 1981 the population of which Muslims are 11.4%, Christians Census the religious minorities constitute about 17.4% of 2.4%, Sikhs 2%, Buddhists 0.7% and the Jains 0.5%.

Thus, it is clear that the Human Resources Development Ministry recognizes the Jains as a Minority.

 (Source: The Clarity, 1 September, 1996)

Christians Vs Hindus in Kerala

For nearly 13 years after they fought over the construction of a church at Nilackel near the famous Ayyappa shrine in Sabarimala, Hindus and Christians in Kerala have maintained peace. Last fortnight that peace was shattered when members of the Ezhava caste clashed with Christians over a planned cemetery at Thirumani Venkita Puram in Kottayam district.

Ezhavas, who comprise 90% of the locals, say the cemetery is a health hazard and resent it being near a temple. Prohibitory orders were issued when Ezhava youths, backed by their powerful organisation, Sanathana houses. Meanwhile, the Kerala High Court has stayed the Dharma Paripalana Yogam (SNDP), attacked Christian construction of the cemetery.

But with the BJP and RSS taking up the cause of the Ezhavas, and the Syrio-Malabar Church defending the Christians, tension has escalated.

The row began in 1977, when the church was refused clearance for a traditional burial ground. It settled for a crypt in 1992, after having won clearance from the local panchayat upwards, but the protests continued, and the A.K. Antony sat on it. The license was finally granted UDF government - headed by K. Karunakaran and later in June, 1996 by the ruling LDF only to light the latest communal fire.

(Source: The India Today, 31 August, 1996)