Who Is A Hindu As Per Hindu Law?

 

Please note that this article is very importamt for all the law students because most of us fails to answer this when asked about the same. 

– Hindu is not defined anywhere but Hindu marriage act makes it clear who is Hindu and to whom Hindu marriage act 1955 , Hindu succession act 1956 etc applies.

• Section 2 of Hindu Marriage Act states to whom this act applies and the same applies for Hindu Succession act, Hindu Adoption & Maintenance act & Hindu Guardianship Act.
• Section 2 says the following important points:

1. The act applies to any person who is Hindu by religion and includes Virashaiva, Lingayat or a follower of Brahmo, Prartha or Arya Samaj. [Section 2(1)(a)]

2. To any person who is buddhist jaina or sikh by religion; [section 2(1)(b)]

3. Any person who is domiciled in the territory of India but is not a muslim, christian, parsi, jew etc unless proved by him thay he is not governed by this hindu law. [Section 2(1)(c)]

4. Any child, legitimate or illegitimate, both of whose parents are Hindu, Buddhist, Jaina, Sikh by Religion.

5. Any child, legitimate or illegitimate any one of whose parents are Hindu, Buddhist, Jaina, Sikh by religion.

6. Any person converted or reconverted into Hindu, Buddhist, Jain or Sikh.

Therefore, Hindu law includes buddhist, jaina, sikhs since all these religions have grown and flourished within the Indian sub-continent as compared to other religions which are not included under section 2(1)(b), namely, Muslim, Jew, Christians or Parsi. These religions grown outside Indian Subcontinent.