As many as 28 appeals have been filed with the Madhya Pradesh High Court after a family court in Indore denied relief to Jain couples under the Hindu Marriage Act citing differences between the basic tenets of Hinduism and Jainism.
According to The Indian Express, First Additional Principal Judge, Family Court, Dhirendra Singh recently refused to grant divorce to a Jain couple under provisions of the Hindu Marriage Act, observing, "Jainism is a religion that opposes the fundamental Vedic traditions and beliefs of Hinduism and is not based on Vedic tradition, whereas Hinduism is entirely rooted in Vedic tradition."
The lawyer of one of the petitioners told the paper that they have moved the MP High Court and also apprised it that as many as 28 similar petitions dismissed by the family court that are now under appeal.
In his argument, the lawyer had argued that since Jainism currently lacks its personal law and that denying a follower of the religion relief under the Hindu marriage Act would "leave them without a judicial forum to establish their statutory rights concerning marital disputes".
Addressing the question of whether followers of a minority religion can be granted relief under the Hindu Marriage Act, the court pointed to several differences between the beliefs in both religions.
Here are some of its observations:
- Hinduism encompasses various castes and classes, whereas Jainism does not recognise divisions based on caste or class.
- In Hinduism, texts such as the Vedas, Upanishads, and Smritis are considered sacred. However, Jainism does not accept the Vedas or other Hindu scriptures and has its own distinct sacred texts, such as the ‘Agamas’ and ‘Sutras’
- According to Hindu beliefs, the universe was created by Brahma. “Instead, Jainism posits that the universe is eternal and was never created.
- In Hinduism, the soul and the Supreme Soul (Paramatma) are considered distinct, and it is believed that upon the end of life, the soul merges back into the Supreme Soul. In contrast, Jainism holds that every soul is itself a Supreme Soul.
- In Hinduism, worship of multiple gods and goddesses is practiced, whereas in Jainism, Tirthankaras are worshipped.
- In Jainism, the “primary purpose of marriage is to maintain the continuity of humanity related to one’s religion, and no religious purpose is considered inherent in this concept”, while in Hinduism, “marriage is regarded as a sacred religious sacrament.
The court further pointed out that being recognised as a minority religious community gave the followers of Jainism the constitutional right to freely practice their religious and social beliefs and traditions.
"Forcing followers of Jainism — a religion thousands of years old — to adhere to the laws of Hinduism, which holds opposing ideologies, would undoubtedly be tantamount to depriving them of their constitutional right to religious freedom," the court said.
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