Who Are Hindus?
Hinduism is one of the oldest religions in the world, with a rich history, diverse beliefs, and practices. It is not merely a religion but also a way of life that has evolved over thousands of years. The question “Who are Hindus?” may seem simple, but its answer is deeply rooted in history, culture, law, and spirituality. In the Indian legal system, particularly under the Hindu Marriage Act, 1955, Hindus are defined based on their religion, practices, and customs.
This blog provides a detailed understanding of who is considered a Hindu under law and religion. We will discuss the historical background, legal definitions, classifications, and how Hindu identity is determined in India today.
Introduction to Hinduism
Hinduism is regarded as the world’s oldest living religion, with no single founder, prophet, or central authority. It originated in the Indian subcontinent and is based on Vedic traditions, ancient scriptures, philosophies, and cultural practices. It encompasses diverse beliefs, including polytheism, monotheism, pantheism, and even atheism.
For many, Hinduism is more than a religion; it is a way of life guided by dharma (righteous duty), karma (law of action), and moksha (liberation from the cycle of birth and death). It is practiced predominantly in India and Nepal but has followers across the world.
Who Is Considered a Hindu?
In ancient times, the term “Hindu” was primarily a geographical identity, referring to the people living beyond the river Sindhu (Indus) in the Indian subcontinent. Over time, it became a religious and cultural identity.
In modern India, the definition of “Hindu” is guided by both religion and law. While Hinduism is primarily associated with people following the teachings of the Vedas, Upanishads, Bhagavad Gita, and other Hindu scriptures, the legal system also defines who is considered Hindu for personal laws like marriage, divorce, inheritance, and adoption.
Legal Definition of Hindus in India
The legal definition of Hindus is primarily governed by the Hindu Marriage Act, 1955, and related statutes like the Hindu Succession Act, 1956 and the Hindu Adoption and Maintenance Act, 1956.
Section 2 of the Hindu Marriage Act, 1955 specifies who is considered a Hindu under Indian law. The Act applies to:
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Any person who is a Hindu by religion
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Any person who is a Buddhist, Jain, or Sikh by religion
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Any person who is not a Muslim, Christian, Parsi, or Jew, unless proven otherwise
This means that, for legal purposes, the term “Hindu” includes not only followers of Hinduism but also Jains, Buddhists, and Sikhs because they originated from the same cultural and religious roots.
Categories of Hindus Under the Law
Indian courts and laws recognize several categories of individuals who are legally considered Hindus:
A. Born Hindus
A person born to Hindu parents is considered a Hindu by birth, provided they are raised under Hindu customs and traditions. If both parents are Hindus, the child is automatically a Hindu.
B. Converted Hindus
A person belonging to another religion can convert to Hinduism through a voluntary act of faith. Conversion usually involves adopting Hindu customs, rituals, and practices. Courts have upheld conversion when there is clear evidence of acceptance into the Hindu community.
C. Hindus by Presumption
If a person is born to parents who are Hindus but raised without any specific religious identity, they are presumed to be Hindu unless they adopt another religion.
D. Hindus by Inclusion
According to the law, people belonging to Jainism, Buddhism, and Sikhism are included within the definition of “Hindu” for the purpose of personal laws. This inclusion is based on their shared cultural and religious heritage with Hinduism.
Tests to Determine Whether a Person Is Hindu
Courts in India have laid down several tests to determine whether a person can be classified as Hindu. These include:
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Whether the person professes Hinduism or identifies as a Hindu.
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Whether they follow Hindu rituals, customs, and practices.
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Whether they belong to a community historically recognized as Hindu.
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Whether they are governed by Hindu personal laws relating to marriage, succession, and adoption.
In Perumal v. Poonuswami (1970), the Supreme Court held that a person is considered Hindu if they profess Hinduism and conduct themselves as a Hindu, regardless of their origin.
Hindus by Religion
Anyone who professes the Hindu faith and follows its customs is regarded as Hindu by religion. Followers of Hinduism typically:
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Worship Hindu deities
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Observe festivals like Diwali, Holi, and Navratri
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Follow the teachings of scriptures like the Bhagavad Gita and Vedas
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Perform rituals like puja, havan, and samskaras
However, Hinduism is highly diverse, and not all Hindus follow the same beliefs or practices. Some are monotheistic, while others worship multiple deities, and some adopt a purely philosophical approach.
Hindus by Law
For legal purposes, the term “Hindu” includes several religious groups and communities that may not identify themselves strictly as Hindus but are governed by Hindu personal laws. These include:
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Followers of Jainism
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Followers of Buddhism
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Followers of Sikhism
This classification ensures that personal matters like marriage, divorce, inheritance, and adoption are regulated under a uniform framework for these communities.
Who Is Not Considered a Hindu
The Hindu Marriage Act and other related laws exclude certain groups from the definition of Hindus. These include:
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Followers of Islam
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Followers of Christianity
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Followers of Judaism
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Followers of Parsis/Zoroastrianism
Such individuals are governed by their respective personal laws in matters relating to marriage, inheritance, and family rights.
Conversion into Hinduism
Hinduism allows people from other religions to embrace the faith voluntarily. Conversion does not require a formal ritual but involves acceptance of Hindu customs and traditions. Courts have held that conversion must be:
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Voluntary – It should not be forced or fraudulent.
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Complete – The individual must genuinely adopt Hindu beliefs and practices.
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Recognized by the community – In some cases, the acceptance of the person by a Hindu community validates the conversion.
In Perumal Nadar v. Poonuswami (1970), the Supreme Court observed that a person who professes Hinduism and conducts themselves as a Hindu is considered Hindu, regardless of their original religion.
Importance of Hindu Identity in Personal Laws
Being identified as a Hindu has significant implications under Indian personal laws, including:
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Marriage – Governed by the Hindu Marriage Act, 1955
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Inheritance and Property Rights – Governed by the Hindu Succession Act, 1956
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Adoption – Regulated by the Hindu Adoption and Maintenance Act, 1956
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Maintenance Rights – Covered under Hindu personal laws
For these matters, courts must first determine whether an individual is legally recognized as a Hindu.
Diversity Among Hindus
Hinduism is not a single, uniform faith but a diverse collection of traditions and philosophies. There are various sects within Hinduism, such as Shaivism, Vaishnavism, Shaktism, and Smartism, each with different beliefs and practices. Despite this diversity, all followers are united by their acceptance of dharma, karma, samsara, and moksha as guiding principles.
Supreme Court Judgments in Defining Who Is a Hindu
The term “Hindu” is not rigidly defined under the Indian Constitution, yet the interpretation of who qualifies as a Hindu has been crucial in several legal contexts, especially concerning personal laws, temple entry, inheritance rights, caste reservations, and religious conversions. Over the years, the Supreme Court of India has delivered several landmark judgments to interpret and explain who can be legally recognized as a Hindu under Indian law. These judgments primarily relate to the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and other personal laws where the term “Hindu” plays a significant role.
Below is a detailed explanation of the important Supreme Court judgments that have shaped the understanding of who is considered a Hindu.
1. Sastri Yagnapurushadji v. Muldas Bhudardas Vaishya (1966 AIR 1119)
This is one of the most significant judgments where the Supreme Court explained the meaning and scope of Hinduism.
Case Background:
The Swaminarayan sect was denied entry to a Hindu temple, and a dispute arose over whether its followers could be considered Hindus.
Supreme Court’s Observations:
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The Court held that Hinduism is not a religion with one founder, one book, or one set of doctrines.
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It described Hinduism as a way of life based on traditions, philosophies, and practices rather than strict religious boundaries.
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Anyone who follows Hindu customs, beliefs, or cultural practices can be considered a Hindu, even if they belong to a specific sect or do not believe in all Hindu gods.
This case laid the foundation for understanding Hinduism in broad and inclusive terms.
2. Commissioner of Wealth Tax v. R. Sridharan (1976) AIR 289
Case Background:
The case dealt with issues of property rights, where the question arose whether a child born to a Hindu father and a Christian mother could be treated as a Hindu under personal laws.
Supreme Court’s Observations:
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If a person is born to Hindu parents, or even if one parent is Hindu and the child is brought up as a Hindu, they are considered a Hindu under law.
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The upbringing and acceptance of Hindu customs play a vital role in determining Hindu identity.
This judgment emphasized that religion by birth is not the only criterion; one’s cultural upbringing and personal beliefs also matter.
3. Perumal Nadar v. Ponnuswami (1971) 1 SCC 38
Case Background:
The dispute arose regarding whether a person born a Christian but later raised in a Hindu family could be considered a Hindu.
Supreme Court’s Observations:
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The Court ruled that a person born in another religion can become Hindu if they adopt Hindu customs, beliefs, and practices and are accepted by the Hindu community.
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There is no formal conversion ceremony required under Hindu law to become a Hindu unless one desires it for social acceptance.
This case established that belief and conduct take precedence over birth identity.
4. Mohandas v. Devasthanam Board (1952 SCR 552)
Case Background:
This case dealt with whether the followers of the Arya Samaj and Brahmo Samaj, who rejected idol worship, could still be called Hindus.
Supreme Court’s Observations:
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Even if a person does not believe in idol worship or certain religious rituals, they may still be considered a Hindu if they follow Hindu cultural values and traditions.
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Hinduism accepts diversity of beliefs, and thus people with varied interpretations of God and rituals can still remain within the Hindu fold.
This judgment reinforced that Hinduism is inclusive and tolerant of diverse practices.
5. Shastri v. Muldas Bhudardas (Reaffirmed, 1993)
The Supreme Court, in several later cases, reaffirmed the principles laid down in Sastri Yagnapurushadji v. Muldas, emphasizing that:
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Hinduism is a way of life rather than a strictly codified religion.
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A person’s faith, customs, and practices are more important than strict religious labels.
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The term “Hindu” includes followers of various sects, sub-sects, and reformist movements like Arya Samaj, Brahmo Samaj, and Lingayats.
6. Bal Patil & Anr. v. Union of India (2005) 6 SCC 690
Case Background:
The issue in this case was whether Jains constitute a separate religion or fall within the fold of Hinduism.
Supreme Court’s Observations:
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The Court held that, historically and culturally, Jains, Buddhists, and Sikhs share a close relationship with Hindu traditions.
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However, the Court acknowledged that Jainism is an independent religion, though Jains can still be governed by Hindu personal laws under certain statutes unless excluded.
This judgment clarified the flexibility of the legal definition of a Hindu in personal law contexts.
The Supreme Court of India has consistently adopted a liberal and inclusive approach in defining who is a Hindu. Through landmark judgments like Sastri Yagnapurushadji v. Muldas, R. Sridharan, and Perumal Nadar, the Court has clarified that Hinduism is not bound by rigid dogmas. A person can be considered a Hindu by birth, upbringing, or voluntary adoption of Hindu customs and beliefs.
In essence, Hinduism is seen more as a way of life than a strictly organized religion. The legal interpretation ensures that Hindu personal laws are broadly applicable, accommodating diverse practices, sects, and philosophical schools within its fold.
Conclusion
The definition of “Who is a Hindu” is complex, covering aspects of religion, culture, and law. In ancient times, Hinduism was defined by geography and tradition. Today, under Indian law, a Hindu is anyone who professes Hinduism or belongs to a community governed by Hindu personal laws, including Jains, Buddhists, and Sikhs.
Hinduism’s strength lies in its diversity, inclusivity, and adaptability. It welcomes a wide range of beliefs and practices, making it not just a religion but a way of life. Understanding who is considered a Hindu is essential for legal, cultural, and personal reasons, as it impacts rights relating to marriage, inheritance, property, and adoption under Indian law.
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