APPLICATION OF HINDU LAW

SECTION 2 OF HMA 1955 STATES :

• This Act applies—

(a) to any person who is a Hindu by religion in any of its forms or developments, including
a Virashaiva, a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj,

(b) to any person who is a Buddhist, Jain or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a
Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would
not have been governed by the Hindu law or by any custom or usage as part of that law in
respect of any of the matters dealt with herein if this Act had not been passed .
Explanation.The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case
may be:—

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by
religion and who is brought up as a member of the tribe, community, group or family to which such
parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to
the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the
Constitution unless the Central Government, by notification in the Official Gazette, otherwise
directs.
WHO IS A HINDU

• PROBLEMS IN DEFINIG HINDU- AS HINDUISM IS NO RELIGION PER SE.

• Etymologically derived from the word sindhu- refers to geographical location of Indus river.

• No precise definition of Hinduism- derivative of Santa Dharma- way of life more than a
religion- include in its ambit each and everything- borrowed good from everywhere.

• According to Derrett “ The Hindus are diverse in race , psychology, habitat, employment,
way of life as any collection of human beings that might be gathered from the ends of earth.”
• According to section 2- any person can be Hindu
1. By religion
2. By birth
3. By conversion or reconversion
4. Who is not a Muslim, Jews Parsi or Christian
HINDU BY RELIGION

• The assumption that Hindu law is applicable only to those who believe in the Hindu
religion in the strictest sense has no basis in fact. Apart from the fact that Hindu religion
has in practice, shown much more accommodation and elasticity than it does in theory..
• Supreme Court in Shastri V Muldas (AIR 1966 SC 1119) Held:
“ …. Acceptance of the Vedas with reverence, recognition and realization of the truth that
the number of Gods to be worshipped is large, is distinguishing feature of Hindu law “
 C.W.P.

The Hindu religion does not claim any prophet, it does not worship any one philosophic
concept; it does not follow any one set of religious rites or performances ; in fact it does not
appear to satisfy the narrow traditional features of any religion or creed. It may broadly be
described as a way of life and nothing more.
Includes in its ambit Buddhism, Sikhism and Jainism
Birendra kaur v state of P&h (2011)
Anand Karaj marriage Act 1909.
HINDU BY BIRTH

• Under modem Hindu Law, a person will be a Hindu by birth in any one o f the following
cases :
(i) If he/she is born to a Hindu parents (i,e. when both parents are Hindus), or
(ii) If he/she is born to a Hindu parent (i,e. one o f the parents is Hindu) and he is brought
up as a Hindu.
Sapna Jacob V State of Kerala (AIR 1993 Ker 75)
Maneka Gandhi V Indira Gandhi (AIR 1985 Del 114)
 HINDU BY CONVERT OR RE-CONVERT

• Converts- conversion from any other faith to Hinduism

• Re-convert- born Hindu converts to Christianity- again converts to Hinduism
• No particular ceremony under ancient laws,
• If a person expresses a bonafide intention to become Hindu accompanied by a conduct
unequivocally expressing that intention coupled with the acceptance o f him as its member by the
community o f caste into the fold o f which he has ceased Perumal v. Poonuswami, (A.I.R. 1971
S.C. 2352.)
• If a person bonafide declares that he has accepted Hinduism as his faith and he has been
following Hinduism for some time, he becomes a Hindu. (Mohandas v. Devasam Board,
1975 Ker L.T. 55).
• If by his clear and conclusive conduct he reconverts to his old faith his caste
automatically revives. (Kailash v. Maya DeviA. I. R. 1984 S.C.600.
End