Too much sectarianism spoils religion, Patna high court tells Jain community

In a significant judgment, the Patna high court has held that the Jain shrine on Parasnath hill is not the 'exclusive' property of any one sect, but belongs to the Jain community as a whole.

In a 132-page judgment, Justice Prasun Kumar Deb disposed the prolonged dispute between the Digambur and Swetambar sects and the Bihar government.

The high court held that the hill stands vested to the state of Bihar under the Bihar Land Reforms Act. However, the 'tonks' (sites of the 24 Jain tirthankaras) and temples, being religious institutions, will continue in the possession of the Jain community as a whole.

The court suggested the state government form a committee comprising representatives of the Jain community for the shrine's maintenance. Such a committee, Justice Deb believed, would save the institution from further needless litigations.

''Until a scheme is made for the proper management of the religious institution and the facilities for devotees, there will be no end to the litigation between different Jain sects because of their narrow and sectarian views. The way the cases are being fought, it can be found that such fighting is not for religious faith but for egos,'' the judge noted.

Dismissing the exclusive ownership claims of the Ahmedabad-based Seth Anandji Kalyani Trust (which represented the Swetambar Murtipujak sect), the court held as 'null and void' the February 5,1965 agreement executed between the Trust and the Bihar government.

The judge also ruled that the Bihar government was 'duty bound' to provide rest houses and other facilities for Digambar pilgrims, who were facing trouble as the dharamshalas run by the Swetambars were not open to them.

UNI