Who Are Hindus

WHO ARE HINDUS?
Introduction
When a question arises as to whom Hindu Law applies, the obvious answer is that Hindu Law applies to
Hindus. The question again arises as to who are Hindus? The term "Hindu" denotes all those persons who
profess Hindu religion either by birth, or by conversion to the Hindu faith. In the Case of Yagnapurusdaji
vs Muldas AIR 1966 the Supreme Court accepted the working formula evolved by Bal Gangadhar Tilak
regarding Hindu religion. According to him “Acceptance of absolute supremacy of Vedas with reverence,
recognition of the fact that the means or ways of salvation are diverse and realization of the truth that
the number of Gods to be worshipped is large, that indeed is the distinguishing feature of Hindu religion”.
Persons to Whom Hindu Law Applies

A) According to Uncodified Hindu Law
Uncodified Hindu Law Applies to following categories of persons
1. Hindu by Birth
➢ When both the parents are Hindus
A child who’s both the parents were Hindus, Sikhs, Jains or Buddhists at the time of his birth, is regarded
as Hindu. Such a child may be legitimate or illegitimate, he will be a Hindu.
➢ When One Parent is Hindu
Any person whose father or mother is a Hindu and the children are brought up as Hindu.
2. Hindu by Religion
Person who follows Hindu religion in any of its forms or development either practicing it or by professing
it is a Hindu. Those who are originally Hindus, Sikhs or Buddhist by religion.
Shastri vs Muldas, AIR 1961
This case is related to Swami Narayan temple at Ahmedabad. There is a sect known as poojaries who were
managing the temple and they restrained Satsangis to enter the temple, they argued that Satsangi is
different religion and they are not bound by Hindu law. In this case Supreme Court held that Satsangis,
Aryasamajis and Radha Soami all sect belongs to Hindu religion because they originated under Hindu
philosophy
3. Hindu by Conversion
A convert is a person Who renounces his faith and adopts another religion. Any person converted to
Hinduism, Jainism, Buddhism or Sikhism is a Hindu.
Peerumal vs Poonuswami AIR 1971

In this case the court laid down necessary conditions for those who are converted into Hindu religion. First
is he voluntarily puts his intention to live as a Hindu, Second, he starts living as a Hindu and Hindu
community accepts him as a part of its own
4. Hindu by Re Conversion
A person who is a re-converted to Hinduism is also a Hindu. A person who ceases to be a Hindu by
converting to a non-Hindu religions Will again become Hindu if he re-converts to any of the four religions
of Hindus. It is not necessary that he re-converts to the same religion from which he was converted to the
non-Hindu religion, thus a Jain who was converted to Islam will be a Hindu if he Re- Converts to Sikhism.
5. Hindu by Declaration
Mohandas v. Devasan Board 1975 In this case Jesudas a famous pop singer was Christian by birth. He
used to perform his devotional Hindu music in a temple and used to worship Hindu God. He also filed a
declaration that he is a follower of Hindu faith. The court held that because his declaration is bonafide to
accept Hindu faith thus he becomes Hindu by conversion.
B) According to Codified Hindu Law

Section 2 of the Hindu Marriage Act 1955, Section 2 of the Hindu Succession Act 1956, Section 2 of the
Hindu Adoption and Maintenance Act 1956 and Section 3 of the Hindu Minority and Guardianship Act
1956 define to whom Hindu law apply to a person who is Hindu. The following persons are Hindus for the
purposes of these codified laws:
1. Any person who is Hindu by religion irrespective of or regardless of its forms or developments,
including—
• A Virashaiva,
• A Lingayat,
• A follower of the Brahmo, Prathana or Arya Samaj.
2. Any person who is either—
• A Buddhist by religion; or
• A Jain by religion; or
• A Sikh by religion.
3. Any other person domiciled in the territories to which this Act extends who is not—
• A Muslim by religion, or
• A Christian by religion, or
• A Parsi by religion, or
• A Jew by religion,
4. The following persons who are Hindus, Buddhists, Jains or Sikhs by religions:
• Any child, legitimate or illegitimate, both of whose parents (father and mother) are Hindus,
Buddhists, Jains or Sikhs by religion;
• Any child, legitimate or illegitimate, one of whose parents either (father or mother) is a Hindu,
Buddhist, Jain or Sikh by religion and who is brought up as a member of the tribe, community,
group or family to which such parent (either the father or the mother) belongs or belonged;
• Any person who is a convert or reconvert to the Hindu, Buddhist, Jain or Sikh religion. d) Person,
who have been declared to be members of the Scheduled tribe within the meaning of clause (25)
of article 366 of the Constitution are not to be treated as Hindus unless the Central Government,
by notification in the Official Gazette, otherwise directs.
To whom Hindu law does not apply

➢ to converts from the Hindu to the Mohammedan faith
➢ to the Hindu converts to Christianity
➢ to the Hindu converts to Parsi
➢ to the Hindu converts to Jew
➢ to the illegitimate children of a Hindu father by Christian mother and who are brought up as Christians.

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WHO ARE HINDUS?

Persons to Whom Hindu Law Applies

➢ When One Parent is Hindu

Shastri vs Muldas, AIR 1961

Peerumal vs Poonuswami AIR 1971

B) According to Codified Hindu Law

To whom Hindu law does not apply

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