Family Law – I | Hindu Law
Who is a Hindu?
The question “Who is a Hindu?” is central to the application of Hindu personal law. Hindu law does not define Hinduism in a narrow theological sense. Instead, modern Hindu law uses a broad and inclusive approach, covering Hindus by religion, Buddhists, Jains, Sikhs, certain children brought up as Hindus, converts and re-converts, and also persons who are not governed by Muslim, Christian, Parsi or Jewish law.
Video Lecture
Watch: Who is a Hindu?
Watch this lecture first for a simple explanation of the statutory meaning, judicial approach and key principles before reading the detailed notes below.
1. Sources of Hindu Law
Before understanding who is a Hindu, it is important to understand what Hindu law is. Hindu law has developed through ancient texts, commentaries, customs, judicial decisions and modern legislation.
“Hindu law is the law of the Smritis, as expounded in the Sanskrit commentaries and digests, modified and supplemented by custom, and administered by the courts.” — John D. Mayne
This means Hindu law is not only a religious or scriptural law. It has been shaped by customs, interpretations, social developments and statutory reforms.
2. Meaning of “Who is a Hindu?”
The term “Hindu” has been understood broadly. In statutory Hindu law, the definition is partly inclusive and partly negative. It includes certain persons specifically, and also includes persons who are not Muslims, Christians, Parsis or Jews, unless it is proved that Hindu law would not have applied to them.
Simple Understanding
In a broad legal sense, a person may be treated as Hindu if he or she belongs to Hinduism in any form, or belongs to Buddhism, Jainism or Sikhism, or is otherwise not governed by Muslim, Christian, Parsi or Jewish personal law.
3. Statutory Definition of Hindu
Section 2 of the Hindu Marriage Act, 1955 gives the statutory coverage of persons to whom the Act applies. Similar coverage is found in other Hindu Code statutes.
Section 2, Hindu Marriage Act, 1955 applies to:
- Any person who is Hindu by religion in any of its forms or developments, including Virashaiva, Lingayat, Brahmo, Prarthana Samaj and Arya Samaj.
- Any person who is Buddhist, Jain or Sikh by religion.
- Any other person domiciled in India who is not Muslim, Christian, Parsi or Jew, unless it is proved that Hindu law would not have applied to that person.
- Children born to Hindu parents.
- Children where one parent is Hindu, Buddhist, Jain or Sikh, and the child is brought up as a member of that community.
- Converts and re-converts to Hinduism, Buddhism, Jainism or Sikhism.
Important Point
The statutory definition is not limited to a person who worships a particular deity or follows a single religious book. Hindu law recognizes the wide and diverse nature of Hindu religious and social traditions.
4. Judicial Precedents on “Who is a Hindu?”
Sastri Yagnapurushadji v. Muldas Bhudardas Vaishya, 1966
This case is popularly known as the Swaminarayan or Satsangi case. Followers of the Swaminarayan Sampradaya claimed that their sect was separate from Hinduism and therefore Hindu temple-entry law should not apply to them.
Issue
Whether the Swaminarayan sect was a religion separate from Hinduism, and whether its temples were Hindu temples for the purpose of the relevant law.
Held
The Supreme Court rejected the argument that the Swaminarayan sect was a separate religion. The Court held that Swaminarayan was a Hindu saint and reformer, and that the sect formed part of the Hindu religion.
Legal Principle
Hinduism is broad and inclusive. A sect may have its own practices and discipline, but if it remains connected with fundamental Hindu philosophy and tradition, it continues to fall within the Hindu fold.
Bramchari Sidheswar Bhai v. State of West Bengal, 1995
In this case, institutions connected with the Ramakrishna Mission claimed that they belonged to a separate “Ramakrishna religion” and therefore should be treated as a religious minority under Article 30(1) of the Constitution.
Issue
Whether followers of Ramakrishna formed a minority religion distinct from Hinduism.
Held
The Supreme Court rejected the claim that Ramakrishna followers belonged to a religion distinct and different from Hinduism. The Court held that they could not claim minority status on that basis.
Legal Principle
Reform movements or spiritual missions arising within the broad Hindu tradition do not automatically become separate religions merely because they have distinctive teachings or institutions.
Perumal Nadar v. Ponnuswami, 1970
This case involved questions relating to marriage, legitimacy of a child and personal law status. The validity of marriage and legitimacy of the child were questioned on personal-law grounds.
Issue
Whether the marriage and the child’s legitimacy could be attacked on the basis of personal-law objections.
Held
The Supreme Court rejected the contention of illegitimacy and emphasized the strong legal presumption in favour of legitimacy when a child is born during the subsistence of a valid marriage, unless non-access is clearly proved.
Legal Principle
Courts generally favour the validity of marriage and legitimacy of children. Section 112 of the Indian Evidence Act creates a strong presumption of legitimacy for a child born during the continuance of marriage.
5. Key Takeaways for Students
- Hindu law gives a broad legal meaning to the word “Hindu”.
- The definition includes Hindus by religion, Buddhists, Jains and Sikhs.
- It also includes persons domiciled in India who are not Muslims, Christians, Parsis or Jews, unless Hindu law is shown not to apply.
- Hinduism has been judicially recognized as wide, inclusive and capable of absorbing reform movements and sects.
- Courts look at the substance of religious and social identity, not merely labels used by a sect or institution.
Short Summary
A Hindu is not defined only by one book, one prophet, one deity or one form of worship. Hindu law recognizes the broad and inclusive nature of Hindu tradition. Section 2 of the Hindu Marriage Act, 1955 gives statutory coverage to Hindus, Buddhists, Jains, Sikhs, certain children brought up in these communities, and converts or re-converts. Judicial decisions have also confirmed that reform movements such as the Swaminarayan sect and Ramakrishna Mission remain within the broad Hindu fold unless they are legally proved to be separate religions.
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