Jain Kanoon

Here's a comprehensive summary of the provided Jain text, "Jain Kanoon" by Valchand P Kothari, covering its key points:

Jain Kanoon (Jain Law): An Overview of its History, Status, and Key Principles

This text, authored by Valchand P Kothari, an advocate from Gulbarga, explores the distinct legal system of Jainism, its historical development, and its challenges in the modern legal landscape.

1. The Ancient and Independent Nature of Jain Law: The author asserts that Jainism is an ancient and independent religion with its own unique philosophy, conduct, and thought systems. Consequently, Jain Law (Jain Jurisprudence) is also presented as a distinct and independent legal theory. It is stated that Jain Law was originally formulated by Prince Bharata Chakravarti, the elder son of the first Tirthankara, Lord Adinath (Shri Rishabhanatha). Jain Law was a part of the Upasakadhyayana scripture, which is unfortunately no longer available.

2. Historical Sources and Texts Related to Jain Law: While the original Upasakadhyayana is lost, several texts have been compiled or influenced by it. These include:

• Bhadravahu Samhita: Attributed to Shrutakevali Bhadravahu, written around 2400 years ago. The currently available version is believed to have been compiled about 800 years later, though the compiler is unknown.
• Arhanniti and Vardhamanniti: Believed to have been compiled by Acharya Hemachandra. Vardhamanniti was edited by Acharya Amitagati around 1011 CE, during the reign of King Bhoja. Similarities are noted between verses from the Bhadravahu Samhita and Vardhamanniti.
• Indranandi Jinsamhita: Composed by Vasunandi Indranandi Swami, based on the Upasakadhyayana.
• Trivarnachara: Composed by Bhattarak Somsen in 1611 CE.
• Shri Adinath Purana: Written by Bhagvat Jinasenacharya around 900 CE.

The author emphasizes that while these texts are available, none of them contain a complete description of Jain Law. However, they offer essential insights into its principles.

3. The State of Jain Law during British Rule: With the establishment of British rule in India and the introduction of civil courts, matters like succession rights, partition, adoption, and widows' rights over their husband's property became subject to legal scrutiny. Initially, Jains hesitated to present their distinct Jain Law in the courts. This led to a misconception among judges that Jains did not have an independent legal system. As a result, judges often applied Hindu Law to Jain cases. The author notes that while this was not necessarily the fault of the judiciary, it was a missed opportunity for Jains to assert their own legal framework, a strategy successfully employed by Hindus and Muslims to have their respective laws applied.

4. Efforts to Compile and Establish Jain Law:

• Shri Jugmandarlal Jain, Barrister: Recognizing this predicament, he compiled a book titled "Jain Law" and published it in 1916. However, due to time constraints, the work remained incomplete.
• Dr. Gour's Hindu Code (1921): This publication labeled Jains as " धर्म-विमुख हिंदु" (Jains as apostate Hindus), causing concern within the Jain community. A "Jain Law Committee" was formed to oppose this, but it failed to achieve its objectives due to members being scattered geographically and unable to convene effectively.
• Shri Champat Rai Jain, Barrister: He compiled Jain Law and published it in London in 1926, followed by a Hindi version titled "Jain Kanoon" in 1928. The aim was to re-establish Jain Law and enable Jains to follow their religious practices according to their own legal system.
• Shri Mulchandji Kapadia: The editor of "Jain Mitra" republished the Hindi "Jain Kanoon" in Surat in 1969.

The author highlights that the system of Jain Law is based on principles that, if diluted by external systems, can erode social thought, conduct, and religious adherence. Unlike Hindu Law or Muslim Law, Jain Law has struggled to gain similar recognition.

5. Challenges in Proving Jain Customs: When Jains present a custom that differs from Hindu Law, the burden of proof falls on them. This is a difficult task, requiring extensive evidence and testimonies, often beyond the financial capacity of ordinary litigants. Even after such efforts, the certainty of a favorable judgment remains uncertain.

6. Key Differences Between Jain and Hindu Dharmic Systems: The text outlines significant distinctions:

• Creation: Jains consider the universe to be anadi (without beginning), while Hindus believe it to be created by God.
• Deities and Worship: Jains worship idols of Tirthankaras, who have attained perfection. Hindus do not have a concept of reaching a "Perfection-Status" through effort in the same way.
• Offerings to Deities: Jains consider offering food to deities and praying for wish fulfillment as "mithyatva" (false belief/delusion). Hindus, however, believe in pleasing deities for material gains.
• Vedas: Jains do not accept the authority of the Vedas, while Hindus do.
• Dharma: In Jainism, Dharma is defined by the practice of Samyagdarshan (right faith), Samyagjnana (right knowledge), and Samyakcharitra (right conduct). The state of an Arhant is achieved after destroying karmas and attaining Kevaljnana (omniscience).
• Adoption: Jains view adoption purely from a secular perspective, not for achieving spiritual merit or as a religious ritual. Unlike in Hinduism, having or not having a son does not make a person a recipient of merit or demerit.
• Women's Rights: According to Jain Law, women have full rights to property inherited from their husbands. Under Hindu Law, they typically have only a life estate.
• Joint Family: While Hindu Law emphasizes joint families and undivided estates, Jain Law encourages partition for the growth of dharma.

7. Impact of Post-Independence Indian Laws: The text discusses the significant changes brought about by Indian legislation after independence:

• Hindu Succession Act, 1956: This act applies to Buddhists, Jains, and Sikhs. Section 14 of this act grants women absolute ownership of property in their possession.
• Hindu Adoption and Maintenance Act, 1956: Section 11 of this act states that adoption does not require a homa (fire ritual). Section 12 clarifies that an adopted son does not acquire rights in the adoptive parents' estate during their lifetime, being recognized only by relationship. The author notes that these new laws have partially incorporated Jain Law's principles.

8. Significant Court Judgments Regarding Jains:

• Munnalal vs. Rajkumar (AIR 1962 SC 1943): In a property partition suit between Jains, the Supreme Court upheld the adoption of a child by a widow without her husband's permission, even in a joint family. It ruled that the adopted son could claim his share in the partition.
• Commissioner Wealth Tax, West Bengal vs. Champakumari Sindhi (AIR 1961 Cal. 74): The Calcutta High Court ruled that Jains do not follow the Vedas or Hindu rituals and are distinct from Hindus. It stated that the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956, were applied to Jains due to their being distinct. The court also held that the Jain joint family system differs from the Hindu joint family system.

9. Conclusion: The author concludes by emphasizing that court judgments affirm Jainism as an independent religion, distinct from Hinduism. He stresses that it is the duty of every Jain to strive for the establishment and application of Jain Law to ensure the preservation of the Jain social structure and the adherence to Jain principles.