Indian Religions - Status in The Republic of India

Status in The Republic of India

In a judicial reminder, the Indian Supreme Court observed Sikhism and Jainism to be sub-sects or special faiths within the larger Hindu fold, and that Jainism is a denomination within the Hindu fold. Although the government of British India counted Jains in India as a major religious community right from the first Census conducted in 1873, after independence in 1947 Sikhs and Jains were not treated as national minorities. In 2005 the Supreme Court of India declined to issue a writ of Mandamus granting Jains the status of a religious minority throughout India. The Court however left it to the respective states to decide on the minority status of Jain religion.

However, some individual states have over the past few decades differed on whether Jains, Buddhists and Sikhs are religious minorities or not, by either pronouncing judgments or passing legislation. One example is the judgment passed by the Supreme Court in 2006, in a case pertaining to the state of Uttar Pradesh, which declared Jainism to be indisputably distinct from Hinduism, but mentioned that, "The question as to whether the Jains are part of the Hindu religion is open to debate. However, the Supreme Court also noted various court cases that have held Jainism to be a distinct religion.

Another example is the Gujarat Freedom of Religion Bill, that is an amendment to a legislation that sought to define Jains and Buddhists as denominations within Hinduism. Ultimately on July 31, 2007, finding it not in conformity with the concept of freedom of religion as embodied in Article 25 (1) of the Constitution, Governor Naval Kishore Sharma returned back the Gujarat Freedom of Religion (Amendment) Bill, 2006 citing the widespread protests by the Jains as well as Supreme Court's extrajudicial observation that Jainism is a "special religion formed on the basis of quintessence of Hindu religion by the Supreme Court"