Editing Indian religions (section)

== Status of non-Hindus in the Republic of India ==
{{Main|Religion in India}}
{{See also|Legal status of Jainism as a distinct religion in India}}

The inclusion of [[Buddhists]], [[Jains]], and [[Sikhs]] within Hinduism is part of the Indian legal system. The 1955 Hindu Marriage Act "[defines] as Hindus all Buddhists, Jains, Sikhs and anyone who is not a [[Christian]], [[Muslim]], Parsee ([[Zoroastrian]]) or [[Jew]]".{{sfn|Cavanaugh|2009|p=88}} And the [[Indian Constitution]] says that "reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion".{{sfn|Cavanaugh|2009|p=88}}

In a judicial reminder, the Indian Supreme Court observed Sikhism and Jainism to be sub-sects or ''special'' faiths within the larger Hindu fold,<ref group=web name="Supreme Court">{{cite web |url=http://www.judis.nic.in/supremecourt/qrydisp.asp?tfnm=27098 |title=Supreme Court of India, in the judgement of Bal Patil vs. Union of India, Dec 2005 |access-date=29 March 2008 |archive-date=2 May 2008 |archive-url=https://web.archive.org/web/20080502180453/http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27098}}</ref>{{refn|group=note|In various codified customary laws like Hindu Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act and other laws of pre and post-Constitution period, the definition of 'Hindu' included all sects and sub-sects of Hindu religions including Sikhs and Jains<ref group=web name="Supreme Court" />}} and that Jainism is a denomination within the Hindu fold.<ref group=web name="Supreme Court" />{{refn|group=note|The Supreme Court observed in a judgment pertaining to case of ''Bal Patil vs. Union of India'': "Thus, 'Hinduism' can be called a general religion and common faith of India whereas 'Jainism' is a special religion formed on the basis of quintessence of Hindu religion. Jainism places greater emphasis on non-violence ('Ahimsa') and compassion ('Karuna'). Their only difference from Hindus is that Jains do not believe in any creator like God but worship only the perfect human-being whom they called Tirathankar."<ref group=web name="Supreme Court" />}} Although the Indian Government 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.<ref group=web name="Supreme Court" />{{refn|group=note|The so-called minority communities like Sikhs and Jains were not treated as national minorities at the time of framing the Constitution.<ref group=web name="Supreme Court" />}} 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 and territories of India|states]] to decide on the minority status of Jain religion.<ref>{{cite news |newspaper=[[The Tribune (Chandigarh)|The Tribune]] |url=https://www.tribuneindia.com/2005/20051125/edit.htm#4 |title=Minority rights are indivisible |author=Syed Shahabuddin |access-date=2 July 2021 |archive-date=8 March 2021 |archive-url=https://web.archive.org/web/20210308110842/https://www.tribuneindia.com/2005/20051125/edit.htm#4 |url-status=live }}</ref><ref group=web name="Supreme Court" />{{refn|group=note|In an extra-judicial observation not forming part of the judgment the court observed: "Thus, 'Hinduism' can be called a general religion and common faith of India whereas 'Jainism' is a special religion formed on the basis of quintessence of Hindu religion. Jainism places greater emphasis on non-violence ('Ahimsa') and compassion ('Karuna'). Their only difference from Hindus is that Jains do not believe in any creator like God but worship only the perfect human-being whom they called Tirathankar."<ref group=web name="Supreme Court" />}}

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.<ref name="judis_basic_shiksha">(para 25, Committee of Management Kanya Junior High School Bal Vidya Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad, Allahabad, U.P. and Ors., Per Dalveer Bhandari J., Civil Appeal No. 9595 of 2003, decided On: 21 August 2006, Supreme Court of India) {{cite web|url=http://judis.nic.in/supremecourt/qrydisp.asp?tfnm%3D27962 |title=CASE NO.: Appeal (civil) 9595 of 2003 |access-date=29 March 2008 |archive-url=https://web.archive.org/web/20070311225548/http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27962 |archive-date=11 March 2007}}</ref> However, the Supreme Court also noted various court cases that have held [[legal Status of Jainism as a Distinct Religion#Chronological order of various court judgments on Jainism as a separate religion|Jainism to be a distinct religion]].<ref>{{Cite web |last=IQTIDAR KARAMAT CHEEMA |date=2017 |title=Constitutional and Legal Challenges Faced by Religious Minorities in India |url=https://www.uscirf.gov/sites/default/files/Constitutional%20and%20Legal%20Challenges%20Faced%20by%20Religious%20Minorities%20in%20India.pdf |access-date=January 11, 2024 |archive-date=20 September 2023 |archive-url=https://web.archive.org/web/20230920084503/https://www.uscirf.gov/sites/default/files/Constitutional%20and%20Legal%20Challenges%20Faced%20by%20Religious%20Minorities%20in%20India.pdf |url-status=live }}</ref>

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.<ref group=web>[http://209.85.175.104/search?q=cache:-4pb9oO2u_YJ:www.aiccindia.org/newsite/0804061910/resources/pdf/Gujarat%2520Freedom%2520of%2520Religion%2520Act%2520-%2520text%2520only.pdf+Gujarat+Freedom+of+religions+bill&hl=en&ct=clnk&cd=20 Gujarat Freedom of religions Act, 2003]{{dead link|date=November 2017 |bot=InternetArchiveBot |fix-attempted=yes}}</ref> Ultimately on 31 July 2007, finding it not in conformity with the concept of freedom of religion as embodied in Article 25 (1) of the Constitution, [[Governor of Gujarat|Governor]] [[Naval Kishore Sharma]] returned the Gujarat Freedom of Religion (Amendment) Bill, 2006 citing the widespread protests by the Jains<ref group=web>{{cite news |url=https://indianexpress.com/article/news-archive/religious-freedom-bill-returned/ |title=Religious freedom Bill returned |newspaper=The Indian Express |date=31 July 2007 |access-date=15 September 2007 |archive-date=26 February 2021 |archive-url=https://web.archive.org/web/20210226192527/https://indianexpress.com/article/news-archive/religious-freedom-bill-returned/ |url-status=live }}</ref> 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".<ref group=web>[https://timesofindia.indiatimes.com/Gujarat_govt_revokes_conversion_amendment/articleshow/2853456.cms The Times of India, 11 Mar, 2008] {{Webarchive|url=https://web.archive.org/web/20210710111705/https://timesofindia.indiatimes.com/Gujarat_govt_revokes_conversion_amendment/articleshow/2853456.cms |date=10 July 2021 }} In his letter dated 27 July 2007 he had said Jainism has been regarded as "special religion formed on the basis of quintessence of Hindu religion by the Supreme Court".</ref>