Who are Hindus ?

The definition of a Hindu in law refers to anyone who follows Hinduism, as well as certain related religions like Buddhism, Jainism, and Sikhism. It also includes individuals who have converted to or reconverted to Hinduism. Hindu law applies to people based on their religious practices, customs, and upbringing.

According to the Hindu Marriage Act, 1955, a Hindu can also be someone who, though not born into the religion, follows Hindu customs. This broad definition helps ensure that people connected to Hinduism in any way are covered by the law.

Definition of a Hindu

Hindu law applies to a broad category of individuals, as defined in Section 2 of the Hindu Marriage Act, 1955. This section provides the framework for identifying who is governed by Hindu law.

Hindu By Religion

According to the Section 2(1)(a) and Section 2(1)(b) of the Hindu Marriage Act, 1955 any person who is a Hindu by religion, in any of its forms or developments. This includes followers of various sects like Virashaivas, Lingayats, and adherents of Brahmo Samaj, Prarthana Samaj, or Arya Samaj. Additionally, the law applies to Buddhists, Jains, and Sikhs, recognizing these as distinct religions but including them under the scope of Hindu law for personal legal matters.

Persons Not Belonging to Other Specific Religions

According to Section 2(1)(c) anyone living in areas where the Act is followed, unless they are Muslim, Christian, Parsi, or Jew. If it is proven that they were not following Hindu law before this Act, it won’t apply to them. This means that people who don’t follow any other specific religion will be considered as Hindu and covered under Hindu law.

Explanation to Section 2: 

The following persons are explicitly recognized as Hindus, Buddhists, Jains, or Sikhs:

(a) Children Born to Hindu Parents

• Any legitimate or illegitimate child whose both parents are Hindus, Buddhists, Jains, or Sikhs.

(b) Children with One Hindu Parent

• Any legitimate or illegitimate child whose one parent is Hindu, Buddhist, Jain, or Sikh, provided the child is brought up in the community, tribe, or family of that parent.

(c) Converts or Reconverts

• Any person who has converted or reconverted to the Hindu, Buddhist, Jain, or Sikh religion.

The Explanation to Section 2 clarifies that legitimate or illegitimate children of Hindu parents are considered Hindus. If both parents are Hindus, Buddhists, Jains, or Sikhs, the child is considered part of the Hindu community. Similarly, a child with one parent who belongs to these religions is considered a Hindu, provided the child is brought up within the community of that parent. The law also includes individuals who convert or reconvert to the Hindu, Buddhist, Jain, or Sikh religions.

Scheduled Tribes (Exemption)

Section 2(2): The Act does not apply to members of any Scheduled Tribe as defined in Article 366(25) of the Constitution, unless the Central Government, through a notification, directs otherwise.

This provision excludes Scheduled Tribes from the application of codified Hindu law, as they often follow their distinct customary laws.

Broad Interpretation of "Hindu"

Section 2(3) says that the term "Hindu" also includes people who are not Hindus by religion but are still governed by Hindu law because of their customs or traditions.

Perumal Nadar v. Ponnuswami (1971)

The case dealt with the legitimacy of a conversion to Hinduism. The court considered whether a person who had converted to Hinduism was entitled to marry under Hindu law.

The Supreme Court held that conversion to Hinduism is valid if the individual genuinely adopts Hindu practices and is accepted as a Hindu by the community. It clarified that a convert to Hinduism is considered a Hindu under Hindu law.

Shastri Yagnapurushdasji v. Muldas Bhundardas Vaishya (1966)

In this case the Supreme Court examined whether followers of the Swaminarayan sect could be considered Hindus.

The Supreme Court ruled that Hinduism is not a strict religion but a way of life that includes many beliefs, sects, and practices. It recognized the Swaminarayan sect as part of Hinduism. The judgment emphasized the inclusive and broad nature of Hinduism.

Commissioner of Wealth Tax v. Late R. Sridharan (1976)

In this case the issue was whether a child born to a Hindu father and a Christian mother, and brought up as a Hindu, was governed by Hindu law.
The court held that the child was a Hindu because he was brought up according to Hindu traditions and customs. The case established that upbringing is a key determinant in identifying a person as a Hindu under the law.

Mohandas v. Devaswom Board (1975)

The case involved a person’s reconversion to Hinduism and whether such reconversion was valid under Hindu law.

The Kerala court held that a person who reconverts to Hinduism and performs the necessary ceremonies is considered a Hindu under Hindu law. This case confirmed that both conversion to and reconversion to Hinduism are accepted under Hindu law.

Conclusion

Under Hindu law, the term “Hindu” has been defined in a broad and inclusive manner. A Hindu is not only someone who professes the Hindu religion but also anyone who is born to Hindu parents and does not practice Islam, Christianity, Judaism, or Zoroastrianism. The Hindu Marriage Act, 1955 and other related personal laws apply to Hindus, Buddhists, Jains, and Sikhs. Even those who are not religious practitioners but are governed by Hindu customs and traditions are legally recognized as Hindus.

A person who converts to Hinduism through acceptance and practice of Hindu beliefs can also be considered a Hindu under the law. Thus, Hindu law does not restrict Hindu identity to strict theological definitions but considers custom, usage, and cultural affiliation. In essence, Hindu identity under law is both religious and socio-cultural, ensuring broad applicability of Hindu personal laws to a wide group of people in India.