Jainism preaches enlightenment and salvation as the ultimate goal of human life. Pain and suffering are the hallmarks of a “diksha” life or life of a monk that every Jain is supposed to lead. Jains believe that it is only through inflicting hardships on oneself that one can wash away one’s sins of this and all previous lives. This practice of taking diksha and renouncing the world has been in vogue for almost two thousand years now.
Things, however, take a different turn when we talk of child monks or “bal diksha” for the question then assumes the form and shape of religious right v. child rights and child welfare. Children of tender age of 8 are being given away in diksha. The main issue and the core argument of child welfare organisations is that children are not mature enough to consent to the hard life of a monk and imposing this very life on them can amount to cruelty within the meaning of The Juvenile Justice (Care and Protection of Children) Act, 2000. The counter-argument is that bal diksha is protected as the religious right of Jains under the Constitution of India.
Recently, Jain Shasanam, a Mumbai-based Jain trust, applied for a confirmation on the issue and received a notification from the Department of Women and Child Development stating that bal diksha is protected as the religious right of the Jains under the Constitution. The Department also confirmed that the practice cannot be challenged or tried under the JJ Act. The Jain community plans to use the above documents in the ongoing case on the issue in the Bombay High Court.
While it is not denied that bal diksha has been an ancient custom practised by the Jain community, it is also important to note that the spirit of Jainism and the practice of diksha lies in an informed and self-chosen renunciation of the world. A child cannot be said to have knowledge and understanding of the meaning and implications of religious practices, duties and austere penance. The religious notions and the purpose of the practise of diksha would be fulfilled only when a person with his/her full consent opts for the path of diksha, which in the case of children cannot happen until they have attained the age of 18 years.
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The stand taken by the Department of Women and Child Development is in consonance with the right enshrined under Article 25 and 26 of the Constituion.
Article 25 gives every person a right to freely “profess” and “practice religion”. A person includes child also and its interpretation is in no way contrained by age. Diksha is one of the way, therefore, in which a person can practice its religion.
Article 26 gives every religious denomination to “manage its own affiars in matters of religion”. The practice of diksha and managing the way of diksha is therefore another fundamental right.
As regards the general comment in the post above that “the practice of diksha lies in an informed and self-chosen renunciation of the world. A child cannot be said to have knowledge and understanding of the meaning and implications of religious practices, duties and austere penance.” – I humbly submit it is not true. Bal diksha and for that matter any diksha, is guarded by sufficient safeguards. No one is allowed to take diksha (as a matter of fundamental practice of religion) without the express consent of his father/mother or the immediate relatives including wife. Similarly no sect/saadhu gives/administers diksh without having satisfied themselves that the candidate is fit enough to take diksha and is taking an informed decision for himself, with the consent of others.
In case of child, obviously, these procedures are thorougly observed. Natural guardian of any child is his parents. Therefore, if they consent to bal diksha of the child, then it implies that they are convinced that the child can follow this path. Therefore, I humbly disagree with the comments of Sanjhi Jain and believe that there are in-built safeguards in the Jain religious practices which would test the understanding of the child to exercise his/her fundamental right.
children of a tenderer age of 4 (or thereabouts) are given away to the State. methinks we should wait till they have knowledge and understanding of the meaning and implications and all that.