Mahavir Jayanti Celebrations at Bangalore - Injustice to Jains

Bangalore (Karnataka), 15 March 2010: While th entire world will celebrateMahavira Jayanti (Janmakalyanak) on 28th March 2010 with all thegatherings, processions, meetings and functions, the Jains of Bangaloremight not be able to do that and might be restricted to having theircelebrations only with in the four walls of the temple or their houses. Thisis because of the Bruhat Bangalore Mahanagar Palike (BBMP) elections that isscheduled to be held on the same day. The election conducting body in Karnataka the Election Commision of Karnataka and the BBMP have not takenMahavir Jayanthi into consideration while declaring the dates for theelections. By this the Jains of Bangalore will be denied their right to voteunder Indian constitution as they will be involved in religiouscelebrations.

At the same time as it is an election day in Bangalore, people will not beallowed to make gatherings, hold meetings and take out processions as perthe election code of conduct. This is in denying the religious rights of theJains on the biggest festival of the community. Mahavir Jayanthi is adeclared holiday under the negotiable instruments act both by the Governmentof Karnataka and Government of India. As per the indian constitutionelections cannot be conducted on such days as it will lead to denying therights of the citizens.

Inspite of all the above facts the Election commission of Karnataka and theBBMP are moving ahead with conducting the elections. If it was a festivalday for any other community might be the authorities would have thoughttwice before announcing the dates of the election and in every possibilitythey would not have move ahead with conducting the election.
Since Jains are a micro minority and not a deciding factor in the electionprocess we have not been taken into consideration while deciding the datesof the elections. Adding to this as per the election proceedings thereshould be a gap of 10 days from the day of withdrawal of nominations and thedate of elections. However as per the announced schedule there only a gap of9 days between the two.

Taking the above points into consideration Jain Yuva Sangathan, All IndiaSwethambar Jain Samaj and other Jain organisations have filed a publicinterst litigation in the High Court of Karnataka and have the made theElection Commissioner of Karnataka and Commissioner, BBMP as therespondents. According to the petitioner, their community constitutes 10 percent of the population of Bengaluru and urged that no election should beconducted on general holidays.

During the Initial hearing a division bench headed by Justice V. GopalaGowda dismissed the PIL stating that election to the civic body has beenpending for almost four years and it is impossible to consider the plea whenthe SEC's calendar of events for the polls is in motion. However, the courtgave the Samaj the liberty to approach the SEC.

Another petition is pending for hearing and will come for hearing on 15thMarch 2010 at court hall no. 2 at the High Court of Karnataka. The Jainsamaj in hoping to get some positive results.

In the mean time it is the duty of every Jain to rise to the occasion and support the petitoners to fight the case. Please send in your replies andwords of support by replying at the following blog:
http://justiceforjains.blogspot.com http://justiceforja ins.blogspot. com/>or by mail to justiceforjains@ gmail.com.

Nitin H.P.