Applicability and Non-Applicability of Hindu Law

Law as understood by the Hindus is a branch of Dharma which signifies duty. In broader sense it means the aggregate of duties and obligations moral, religious, legal and social.

Persons to whom Hindu Law Applies

The Hindu Law applies to the following category of persons-

  • A person who is a Hindu by birth and also to Hindu by religion, i.e. person who gets converted to Hinduism.
  • An illegitimate child where both the parents are Hindus.
  • An illegitimate child where the father is a Christian and the mother a Hindu, and the children are brought up as Hindus.
  • Jain, Buddhists, Sikhs and Nambudri Brahmans in India except, so far as such law are varied by custom and to Lingayatas.
  • A person who is Hindu by birth and had previously renounced Hinduism, but has converted back to Hinduism after performing the religious rites of expiation and repentance or even without a formal ritual of reconversion when he was recognized as a Hindu.
  • The sons of Naik caste’s Hindu dancing girls, converted to Mohammedanism, where the sons are taken into the family of the Hindu grand-parents and are brought up as Hindu.
  • Arya Samajists, Brahmos and to Santhals of Chota Nagpur and also to Santhals of Manbhum except so far as it is not varied by custom.
  • Any Hindu who has made a declaration that they were not Hindus for the purpose of the Special Marriage Act, 1872
  • A person who is born in a Hindu religion does not cease to be a Hindu merely because he departs from the standard orthodox matters of diet and ceremonial observations.

After the passing of Hindu Marriage Act of 1955, Hindu Adoptions and Maintenance Act of 1956, Hindu Succession Act of 1956 and Hindu Minority and Guardianship Act of 1956, following persons are also deemed to be Hindus-

  • A person who is a Hindu by religion irrespective of form or developments, including a Lingayat, a follower to the Brahmo, Prarthana or Arya Samaj, a Virashaiva.
  • A person who is a Jain by religion, a Buddhist by religion, or a Sikh by religion.
  • Any person who is a domicile in the territory of this Act and is not a Muslim, a Christian, a Parsi or a Jew by religion.

The following persons are Hindus, Jains, Buddhists or Sikhs by religion-

  • Any child (legitimate or illegitimate) whose both the parents belongs to any of the above religions
  • Any child (legitimate or illegitimate) whose both the parents are Hindus, Jains, Buddhists or Sikhs by religion
  • Any person who is a convert or reconvert to Hindu, Jain, Buddhist or Sikh religion
  • Any child (legitimate or illegitimate) whose one of the parent, either the father or the mother is a Hindu, Jain, Sikh or Buddhist by religion and is brought up as a member of a group, community, tribe or family to which such parent belongs.

Persons to whom Hindu Law does not Applies

The Hindu Law does not applies to the following category of persons-

  • Illegitimate child whose father is a Hindu and mother a Christian, and is brought up as Christian.
  • Illegitimate child whose father is a Hindu and mother a Mohammedan.
  • A Hindu converted to Christianity.
  • A Hindu converted to Mohammedan faith.

The descendants of Hindus who have converted into a distinct community or sect.

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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