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Sri Vijayan.A (Legal Consultant)     11 September 2010

Is Jain a minority?

The population of Jain religion is micro minority, which fact all of us kow. Even then this community has not been included in the Minority List. Do anybody know the reason? or any steps have been taken, if so what is the status?

Thank U



Learning

 15 Replies

jinendra dk (Advocate)     11 September 2010

karnatka govt. recognised   jain as minority comminuty.  but centrally it is not declaired becouse  central government knows that they are "AHIMSA WAD" they never criticise any body at any cost , they will tolarate any kind of harrashment ,  due to unorganised in jains  government neglected this community,  many of swamiji (acharyas) not thinking about this . all jains are busy in VIDAHA, PANCHAKALYANA , ESTABLISHING  BASTI(MANDIR), MANSTANBHA, now its time to fight for their right . That another thing i want to express it is very necessry to establish educatinal instituion by jian community. Jai Jinendra

1 Like

Arup (UNEMPLOYED)     11 September 2010

according to hindu marriage act, they are part of hindu family. in practice, they preface the hindu god and goddes. but perhaps they are decleared as minority by a sc judgement. i am not very sure about it.

1 Like

SANJAY JOIL (LAW STUDENT)     11 September 2010

In india , Though Centrally  Jains are not treated as minority,  many State 

govt. are of the view of treating them as Minority.  In future, if all States give them status of Minority ,  Central Govt. will have no Option.  Please go through the attached  articles on this issue.  Jainism followers will definitely win their war for right  in future .  All the best for them.


Attached File : 30 30 supreme court judgement on minority status of jain1.zip downloaded: 138 times
1 Like

(Guest)

Arup ji said very correct.  They Jain are considered within Hinduism with a separate "PANTH".  Sikhs and Budhists are also similar.  And none is grabbing their rights and no threat to them.

 

1 Like

(Guest)

Allahabad high Court have also held it that now the muslims are also not a minority.  Just before 3-4 months.

1 Like

Sri Vijayan.A (Legal Consultant)     11 September 2010

I thank everybody who sincerely tried to reply to my question.

I also, now, heard that Jains are considered as part/ sect of Hindu religion and not a seperate religion.

If that is the case, what is the procedure for declaring one as minority

Arup (UNEMPLOYED)     11 September 2010

GENERALLY GOVT DECLEARS BUT IF NOT, YOU MAY APPROACH TO SC.

IN ADDITION, YOU MAY SEND PM TO THE SR LAWYERS OF LCI IN THIS REGARD.


(Guest)

My dearest brother Mr. Vijayan, we all are one family and we all are equal and so no seperatism should take place in between us based on religion, region, caste, language, class, colour, zender etc.  And I do not underrstand that who is grabbing your rights as an equal citizen of our lovely democratic nation ? So you are feeling loneliness dear ??  

 

You are a legal consultant so you should encourage people to follow the democratic values of equality but I am sorry to say that you are doing just anti-constitutional brain washing to the people.

 

We will oppose this proposal in parliament and we have sufficient grounds to that none is grabbing your equal rights.  So please let us know that why are you feeling such loneliness and insisting a separate house?  It is an out of court forum and we are having opportunity here to convince each other so that we will come together against any kind of injustice to any one among us.

 

Best regards.

Sri Vijayan.A (Legal Consultant)     11 September 2010

Thank you for valuable suggestions.

And I do not have any feel of lonliness, just I want to know the procedure.

It will be use ful for me, if I know.

And i donot feel i am doing anti-constitutional brain wash

Thank you a lot for ur support

Democratic Indian (n/a)     12 September 2010

In my understanding, the desire to get minority status arises because of the benefits, protection etc. that come with minority status as guaranteed by articles 25 to 30 in part 3 of our Constitution.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 September 2010

But as to the Indian Law, Jains come under the category of Hindus

Arup (UNEMPLOYED)     12 September 2010

yes mr democratic indian, you are right in this point.

some facilities available in the  shape of fundamental rights for minorities to protect their own culture and interest.

no harm if a sec of the society asks protection from the government to protect their own culture and interest.

because the social pressure created by the majorities displaced even washed out the cultural identity of minorities, protection is for that only.

even in lci forum, which is full of law people and educated people, some members express their opinion that, as the majority are hindus and eats veg, therefore cow slaughting should be banned in india.

surprising!

they forget that, hindu non-veg, are more in numbers than the hindu veg.

Why for a section of the society will be deprived from their food habits and cultural identity?

Afterall, all these are part of indian culture, including the culture of indian christian and mohamedans.

 

if jains wants to portect their seperate cultural identity, that should be welcomed. even ramkrishna mission once claimed that they are cultural minority. however it was not accepted by the hc of calcutta.

N.K.Assumi (Advocate)     12 September 2010

In the first place, Hindu law applies to hHndus.But who are Hindus? The term Hindu is of recent origin and the tennets of Hinduism is ill defined as Hinduism is not proselytizing any creed. If one is sprung out of any  twice born people he is questionably a hindu.Likewise belief in Vedas, cycle of birth are some of the hall mark of a Hindus. But the term has now been well defined under the Constitution under article 25 Ex-11: In sub clause (b) of Clause 2 the reference to Hindus shall be constured as including a reference to persons professing the Sikh, Jain or Budhism religion, and the reference to hindu religious institutions shall be constured accordingly. It is surprising that the constitution of India and International Covenant on Civil and political rights does not define minority except that it represent the smaller of two numbers, sections or group called majority. In that sense there may be political minority, religious minority, linguistic minority etc. Refer to: T.M.A. Pai Foundation Vs state of Karnataka AIR 2003 SC: 355: (2002) 8 SCC 481.


(Guest)

Yesterday a social organisation has come into existence and filed for registration here in Mumbai.

The title of this organisation expresses everything and the title is;

 

"MAHAVIR AHINSA SANSKAAR JAGRUTI SANSTHA".

 

We all are members united here under its president Mr. Vishal Jain including myself a member and in this organisation not only Jain but all are members except only one those who do not treat women equal human being and treats them an instrument for entertainment and to produce children since it is "HINSA" (violence).

 

Who can deny that "AHINSA PARAMO DHARMA"? Within this spirit we all are one family and we do not treat Jain are separate in this family.


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