तेरापंथ शासन का कार्यकारी हस्ताक्षर महासभा - महासभा का इतिहास
By मुनि सुमेरमल (मंत्रीमुनि), मुनि उदितकुमार
Summary
The text discusses the history of legislative challenges faced by the Jain Swetambar Terapanth community, particularly concerning minor initiation (bal diksha) and related issues. In ancient times, kings held absolute executive, legislative, and judicial power. With the British system, assemblies and legislative councils emerged, but kings retained veto power. Members of these bodies occasionally introduced bills against sadhu practices, especially regarding minor initiation. The text notes that while minor initiation was common across Jain communities, only Terapanthis actively opposed restrictive bills. Critics argued that fraudulent initiations, using fake parental consent, created public backlash and legal disputes. A key incident involved the "Bal Sannyas Diksha Prohibition Bill" in the Lok Sabha, proposed by MP Diwanchandra Sharma on December 20, 1957. The bill sought to criminalize initiation below age 18. The Mahasabha mobilized opposition through telegrams, meetings, and a memorandum to parliamentary leaders, leading Sharma to withdraw the bill. In 1987, advocate Arvind Jain filed a Supreme Court petition against minor initiation. The Mahasabha formed a committee, engaged senior lawyers including former law minister Dr. Ashok Sen, and presented evidence from Jain scriptures and other religious traditions. The petitioner withdrew the case on August 5, 1993, leading to its dismissal. Other legislative challenges included the Rajasthan Beggary Prevention Bill (1957-1960), which the Mahasabha successfully opposed through meetings with select committee members. The "Sadhu-Sanyasi Registration Bill" in the Lok Sabha, proposed by MP Radharaman, was also withdrawn after strong opposition. Similar bills in various state assemblies, including United Provinces, Bikaner, Jodhpur, Baroda, and Mewar, were all defeated. In August 1990, a woman from Ladnun undertaking santhara (ritual fasting unto death) in Malda, West Bengal, faced police intervention. The Mahasabha intervened, meeting with state officials and presenting the book "Sanlekhana
Conclusion
The document demonstrates that the Jain Shwetambar Terapanthi Mahasabha has played a crucial defensive role in protecting religious practices from legislative and judicial challenges. Through organized opposition, legal representation, and strategic advocacy, the Mahasabha successfully prevented the passage of bills restricting minor initiation (bal diksha) in the Lok Sabha and Rajasthan Assembly, and secured the withdrawal of a Supreme Court petition against the practice. The Mahasabha also intervened effectively in the santhara controversy in West Bengal, obtaining a magistrate's order for the release of a fasting nun. These outcomes highlight the importance of a unified community body in safeguarding religious traditions within a modern legal framework, ensuring that legislative and judicial processes do not infringe upon established spiritual customs.