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HC order on Jains' worship
MUMBAI, JULY 30. In a landmark verdict, the Mumbai High Court has
held that observing `Be Thithi' calendar and performing `Navangi'
Guru worship by devotees was not illegal or contrary to the
principles or tenets of the Jain religion.
The ruling will have a bearing on the two-crore Jain community
spread all over the country because it puts at rest the
controversy over the manner of `Gurupoojan' (worshipping Guru)
and observance of `thitis' in the absence of any such mention in
Jain religious scriptures since time immemorial.
While one section believed in `Ekang' (in reverence to one point
of the Guru's body) and `Ek Thithi', the other followed `Navang'
(in reverence to nine points of the body) and `Be Thithi'.
However, there was no dispute over the manner in which the idol
should be worshipped.
The judgment was delivered by Justice Rajan Kochar, who recently
upheld a lower court's order which restrained the Matunga Jain
shwetamber Murti Pujak Tapagachha Sangh, a trust, from putting up
signboards at the Upashraya (temple) banning `Navangi' worship
and the practice of following `Be Thithi' calendar.
A few devotees had challenged in a civil court resolutions passed
by the trust in its general body meeting on July 1, 1998 banning
`Navangi' worship. The court ruled in their favour and the
aggreived trust filed an appeal before the High Court.
The judge observed, ``Guru Vandana will totally depend on the
devotee and the Guru. No trust can permit or allow any member of
the Jain community to perform `Guru Pooja' in a particular way.
There is nothing wrong if a devotee or member of the trust
performs Pooja in accordance with his own `Bhakti', which,
however, should not be against Jain religion''.
The Judge observed ``if the Guru accepts such a form of worship
(Navangi), I do not find how the trust can prevent or prohibit
`Gurupoojan' by a devotee in this manner''.
``It may be that `Navangi' was acceptable to a microscopic
minority among Jains and maybe it was also not universally
accepted. But there is no Jain Shastra or scripture to show that
`Navangi' is against the tenets of Jain religion.''
`Navangi' might be of recent origin but such a practice was in
vogue in a section of the Jain community and if such worship was
in accordance with religious tenets, practices and usage, the
trust had no powers to restrict devotees from performing it in
the Upashraya. It also had no right to allow only `Ekangi'
worship, Justice Kochar ruled.
The trust was empowered to frame regulations on the
administration of the shrine or place of worship or any other
property but it could not lay down guidelines for the mode of
worship, the Judge remarked.
The Judge also went through the scheme framed by the High Court
many years ago for the administration of the same trust and found
that there was no clause to show ban on `Navangi' form of
worship.
``According to me, the trust cannot choose to invite only such
gurus who follow either `Ekangi Guru Pooja' or `Navangi' worship.
It has to treat all of them equally without any discrimination.
It can, however, fix any day of the week for `Navangi' worship to
avoid inconvenience to others'', he opined.
- PTI
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