Categories of person to whom Hindu law applies

Person to whom Hindu law applies:

Such person can be kept in the following categories:

(a) Those person who are Hindu, Jain, Buddhist or Sikh by birth.

(b) Those persons who are Hindu, Jain, Buddhist or Sikh by religion.

(c) Those persons who are not Mussalman, Christian, Parsi or Jew

(a) Persons who are Hindu by birth: A person is called Hindu by birth who is the child of Hindu parents (whose parents are Hindu). But, such person is also considered Hindu whose either of the parent in Hindu and has been grown up under Hindu traditions-Maya Devi vs. Uttram [(1861) 8 M.I.A. 406]

Devavasam vs. Jaya kumari (A.I.R. ‘1991 Kerala 175)- Kerala High court held that male of Nadar Caste of Travancore can marry any Hindu female and a child born out of such marriage is considered as Hindu.

Here, it is important that according to ancient Dharamshastras, a child born from Hindu parents only can be called as Hindu; there was no such thing of Hindu by conversion of religion. Therefore, it was said that, “A Hindu is born, not made’.

Application of Hindu law over schedule tribes:

Several times a question aroused that a codified Hindu law does not apply to those persons which belongs to schedule tribe under Article 366 clause (25) of the constitution. Section 2(2) of Hindu Marriage Act, 1955 and the case of Dashrath vs. Guru (A.I.R 1972 Orissa 78) and Kadam vs. jeetan (A.I.R 1973 Patna 205) gave answer to this question. According to them, a codified Hindu law shall apply to such persons only when the central government notifies in the official gazette by a notification.

Child from Hindu father and Christian mother: A question also that whether such person shall be considered to be Hindu whose father is Hindu and mother is Christian?

Commissioner of income tax vs. Sridharan (1976 S.C.R 489) – A position answer was given and said that if either of the parent is Hindu and child born out of them is brought up under Hindu traditions, then that child shall be considered as Hindu. Also, in our society the religion of father applies over the son.

But, the situation will be different, where the child is brought up as a member of Christian family. Then in that situation the child shall be Christian instead of being Hindu – Sapna vs. state of Kerala (A.I.R. 1993 Kerala 75) it was held so.

(b) Persons who are Hindu by religion: the Hindu law also applies to those persons who are not Hindu by birth, but have accepted Hindu religion by conversion.

Abraham vs. Abraham [(1863)9 M.I.A. 195] is an important case in the respect. It was held in this case that the Hindu law applies not only to those who are Hindu by birth, but applies also to those persons who have become Hindu by conversion.

Another case is mararji vs. administrator general [(1929) 52 Madras 160]: it was said that the persons becoming Hindu by conversion are also Hindu and the Hindu law applied to over them too. Modern Hindu law includes both Hindu by birth and Hindu by religion under the term Hindu

(c) Who are not Mussalman, Parsi, Christian or Jew: in wider sense, Hindu law applies to all those who are not Mussalman, Parsi, Christian or Jew.

Rajkumar vs. warwara (A.I.R. 1989, Calcutta 165): the Calcutta high court held that this category includes those entire people who do not believe in any religion.

In other words, it can be said that, all persons different from Mussalman, Parsi, Christian or Jew are Hindu and the Hindu law applies over them, who –

1. Are atheist, or

2. Believes in all religion, or

3. Believes in religious which is mixture of all.

Yagyapurushdasji vs. mooldas (A.I.R. 1966 S.C. 1119): The Supreme Court held the followers of narayan swami section as Hindu because though they may be governed by their views or rules, but finally are related to the Hindu religion.

Application of enacted laws:

(a)  Any child, legitimate or illegitimate whose both parents are Hindu, Buddhist, Jain or Sikh by religion.

(b) Any child, legitimate or illegitimate who’s either of parents is Hindu, Buddhist, Jain or Sikh by religion and has been brought up a member of that tribe, community or group to which that parent was or is member.

(c) Any person who has converted or reconverted to Hindu, Buddhist, Jain or Sikh religion.

Hindu law under the fundamental rights:

1. Article 15: It comes under right to equality. It contains the prohibition of discrimination on the grounds of religious, race, sex, caste or place of birth.

2. Article 25: It contain the freedom of conscience and free profession, practice and propagation of religious which comes under the right to freedom of religion.

3. Article 26: It says about the freedom of manage religious affairs.

4. Article 27: It says about freedom as to payment of taxes for promotion of any particular religious.

5. Article 28: It says about freedom as to attendance at religious instruction or religious worship in certain education constitutions.

6. Article 29: It states the protection of the interests of minorities.

7. Article 30: It states about the rights of minorities to establish and administer educational institutions.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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