Hindulawlecture

HINDU LAW
AHMAR AFAQ
ASSISTANT PROFESSOR, SLS
NAGPUR
Who is a Hindu?
The term Hindu is not a religious term.
It’s a Geographical and Cultural term.
The Hindu Civilization is so called, since its original
founders or earliest followers occupied the teroritry
drained by the Sindhu river system corresponding to
North West Province and Punjab. The People on this
side were called Hindus by Persians and Western
Invaders – Radhakrishnan (Hindu View of Life)
No reference in Vedas or Shastras.
In religious texts appeared for the first time in
Bhavishya Puran and Merutantra.
Section 2 of The Hindu Marriage Act, 1955:
(1) 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, Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina 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.
(2) 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.
(3) The expression Hindu in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue
of the provisions contained in this section.
The Hindu Marriage Act, 1955:
A person is said to be a Hindu:
HINDU
A person who:
Follows
Hinduism
or any Whose
group Domiciled either
(Virashaiv in India & Parent is a
Buddhist
a, is not a Whose Hindu Re-
, Jain, Converted
Lingayat, Muslim, Parents and converted
Sikh by Christian, are Hindu he/she is
to Hindu
to Hindu
follower
religion Jew or brought
of
Brahmo, Parsi up as a
Hindu
Prarthana
or Arya
Samaj)
Case Laws:
 Ahmedabad St Xaviers College Society vs. State of Gujarat
((1974) 1 SCC 717)
 A 9-judge bench of the Apex Court recognized the existence of an atheist in
the Indian context and termed them worthy and entitled to similar rights as
the devout.
 Dr Ranjeet Suryakant Mohite vs. The Union of India
(2014) 6 MHLJ 395
 Court held that an individual has a right to claim that he is an ‘Atheist’. In
the opinion of the court an individual is conferred with the right to express
that he does not profess any religion. This judgment was noteworthy as the
court directed that state instruments should give the individual an option to
not disclose their religion.
 Note: In an unreported judgment of Thane Sessions Court, when an
individual pleaded abandoning his religious beliefs, the court denied it on
grounds of it causing complexities in matters of death, succession and
rituals.
Case Laws:
Shashtri Yagnapurush Dasji vs. Muldas Vaishya AIR 1966 SC 1119
J. Gajendragadkar: “Acceptance of Vedas with reverence, recognition of the

fact that the means of ways of Salvation are diverse and realization of the
truth that the number of Gods to be worshipped is large are the distinguishing
features of Hindu religion.”
The groups or developments among Hindus have resulted as a part of social

reforms. Whenever there is a social reform, the followers start recognizing
themselves as a separate group.
Merely because they start recognizing themselves as separate groups, it will

not be right to term them as non-Hindus till the time they are believing in
basic principles of Hindu Religion.
Case Laws:
 Ram Pergash vs. Mt. Dhan (1924) 3 Pat 152

 The Buddhists in India cannot be governed by Burmese or
Chinese Buddhist Law. He will be governed by Hindu Law
except where the person changes his domicile to country where
there is a Buddhist personal law and thus adopts that law.
 Bhagwan Koer vs. Bose (1903) 31 Cal 11 PC

 J. Arthur Wilson reiterated the judgment of Doe Dem
Kissenchunder Shaw vs. Baideen Beebee (1815) 2 Morley’s
Digest 22 and held that Sikhs are considered as sect of Hindus
of whom they are descending branch.
Rajkumar Gupta vs. Barbara Gupta AIR 1989 Cal. 165
 How the religion of the child born to the Christian Mother with the
Hindu father will be determined?

 By considering the fact that how the child was brought up.
 What if it is not known that how he was brought up?
 We will go by domicile as in Sec. 2(1)(c) of HMA, 1955
Vijay Kumari vs. Devabalam AIR 2003 Ker. 363

A Married to B
(Hindu converted (Christian
to Christianity) Woman)
They gave birth to a son ‘C’
Christian
Maneka Gandhi vs. Indira Gandhi AIR 1984 Del. 428
It was held that Sanjay Gandhi was a Hindu as he was brought up as a Hindu
and the ‘navjot’ ceremony which is essentially performed by Paris was not
performed in this case. Moreover, it is a matter of fact that Indira Gandhi and
Firoz Gandhi got married as per Hindu rituals. Hence, Sanjay Gandhi was
considered to be a Hindu.
Perumal Nadar vs. Ponnuswami AIR 1971 SC 2352

For a valid conversion, proof of performance of certain rituals is not
essentially required.
If a person claims that he/she has converted unto Hinduism and as a fact,
he has led his life as a Hindu, he will be considered as a Hindu. In this
way, the conversion is considered to be Valid.
Ratansi D. Morarji vs. Administrator General of Madras
(1929) ILR 52 Mad. 160
A European does not become a Hindu merely because he professes a
theoretical allegiance to the Hindu faith, or is an ardent admirer and
advocate of Hinduism and its practices; but if he resides long in India,
abdicates his religion by a clear act of renunciation and adopts
Hinduism by undergoing formal conversion, gives up along with
Christianity his Christian name and deliberately assumes a Hindu
name, marries in accordance with Hindu religious rites a person who
is a Hindu by race and religion, and cuts himself off from his old
environment and takes to the Hindu mode of life, in such a case the
Court may justly come to the conclusion that he has become a Hindu
Surajmani Stella Kujur (Dr.) vs. Durga Charan Hansdah
AIR 2001 SC 938
 Parties were ST, belonging to Oraon and Santhal tribes.
 Husband was charged with bigamy.
 HMA applies to the tribal only if there is a notification by central
government.
 Failed to prove any notification or the custom to that effect.
 Held, bigamous marriage not covered under sec 494 of IPC.
'XYZ', is a Scheduled Tribe in India. Two persons
belonging to the XYZ tribe married each other as per
Hindu rituals and customary practices. Few years later,
the husband treated the wife with cruelty and she filed
a divorce petition in the court of law under Sec 13 of
the HMA, 1955. Decide with the help of relevant
statutory provisions and decided case laws.
Please refer the case of Labishwar Manjhi v. Pran
Majhi & Ors. and Satprakash Meena v. Alka Meena.

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HINDU LAW

J. Gajendragadkar: “Acceptance of Vedas with reverence, recognition of the

The groups or developments among Hindus have resulted as a part of social

Merely because they start recognizing themselves as separate groups, it will

 Ram Pergash vs. Mt. Dhan (1924) 3 Pat 152

 Bhagwan Koer vs. Bose (1903) 31 Cal 11 PC

Hindu father will be determined?

 What if it is not known that how he was brought up?

 We will go by domicile as in Sec. 2(1)(c) of HMA, 1955

Vijay Kumari vs. Devabalam AIR 2003 Ker. 363

They gave birth to a son ‘C’

Perumal Nadar vs. Ponnuswami AIR 1971 SC 2352

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