Hello Friends, In this article, who is a Hindu according to Hindu law and on which categories of persons this law is applicable. To which persons is Hindu law applicable? etc. have been discussed, if you are a lawyer, law student or preparing for judicial competitive examinations, then it is important for you to know about Hindu Law.
Introduction – Who is Hindu
Generally – The word ‘Hindu’ is a widely popular and famous word. Hindutva is not a religion but it is a sacred feeling. Hindu practices may be different in different regions and places. Under Hindu law, the relationship of law with religion and philosophy is very close.
The social structure in ancient times was based on religion, conduct and philosophy, which were important in determining the form of law.
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Who is a Hindu?
Radhakrishnan has said in his work ‘Hindu View of Life’ that there was a time when a person’s identity as a Hindu was based on regionalism. At that time the word ‘Hindu’ also denoted nationalism. The rise of Hindu religion is linked to the people living in the valley of the Indus River, that is, those who lived in the valley of the Indus River were called Hindus.
After that, there came a time when ‘Hindu’ started calling someone who believed or followed Hindu religion. In the years 1955 and 1956, various codified Hindu laws were made but the word Hindu was not defined in them either.
For this reason, till date no best definition or explanation of the word Hindu has been given, due to which very few people know why and how he is a Hindu.
At present it can only be said that the person who is not a Muslim, Christian, Parsi or Jew is a Hindu, in other words we can say that the persons on whom Hindu law is applicable are Hindus.
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Categories of Hindu law to which Hindu law applies
(a) Those persons who are Hindu by birth
A person is called Hindu by birth who is the child of Hindu parents i.e. whose mother and father both are Hindu. But such a person is also considered a Hinndu if one of his parents is a Hindu and he has been brought up in Hindu traditions.
According to ancient theology, only a child born to Hindu parents could be called a Hindu, that is why it is said that a Hindu is born, not made. (A Hinndu is born and not made)
In the case of ‘Devavasam vs. Jaya Kumari‘ it has been said by the Kerala High Court that a man in the Nadar caste of Travancore can marry a non-Hinndu woman and the child born from such marriage is considered Hindu. She goes. (A.I.R. 1991 Kerala 175)
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(b) Those persons who are Hindu by religion
Hinndu law also applies to those who are not Hindu by birth but have accepted Hindu religion by converting their religion.
In this regard, ‘Abraham vs. Abraham‘, it was held that Hindu law applies not only to persons who are Hindus by birth, but also to persons who have become Hindus by conversion. [(1863) 9 M.I.A. 195]
Another case is ‘Morarji vs. Administrator General‘ in which it has been said that persons who become Hindu by religious conversion are also Hindu and Hindu law is applicable to such persons. In modern Hindu law, the word ‘Hindu’ includes both Hindu by birth and Hindu by religion. [(1929) 52 Madras 160]
(c) Who is not a Muslim, Christian, Parsi or Jew
Hindu law broadly applies to all persons who are not Muslims, Christians, Parsis or Jews.
In the case of ‘Rajkumar vs. Warwara’ (A.I.R. 1989 Calcutta 165) the Calcutta High Court said that all those people who do not follow any religion fall in this category. In other words, it can be said that all such persons, other than Muslims, Christians, Parsis and Jews, are Hindus and Hindu law applies to them who –
- is an atheist
- Believers of all religions
- Believe in mixed religion.
In the case of ‘Yagyapurushdasji vs. Muldas‘, the followers of Narayan Swami sect have also been considered as Hindus by the Supreme Court because despite being governed by their customs and rules, they are Hindus. Are connected to religion only. (A.I.R. 1999 SC 1119)
Major ideologies of Hindu law
(1) God-given ideology
According to this ideology, the origin of Hinnduism is considered to be divine because it is said to be obtained from the Vedas and the Vedas are considered to be divine words. In ancient times, the sages had developed their spiritual power so much that they had a personal relationship with God and they received the law from God only.
(2) Prevailing custom and custom ideology
Legal scholars have considered the origin of Hindu law to be based on custom and custom. When the Aryan people came to India, there were many customs and traditions prevalent here which were similar to their customs and traditions.
In that situation, the Aryan people modified the prevailing customs and traditions as per their need and accepted or adopted them. This is how Hinndu law originated.
Applicability of Hindu law
- Those who are followers of Veer Shaiva, Lingayat or Brahmo Samaj, Prarthana Samaj or Arya Samaj and are Hinndu by religion.
- Those who are Jain, Buddhist or Sikh by religion
- Who is not a Muslim, Christian, Parsi or Jew and it has not been proved that he is not governed by Hinndu law or by any custom or practice forming part of it in the absence of enactment.
“13 A. Own Law – Rule of Presumption – According to this rule, if a Hinndu family resides in a particular state of India, it will be presumed that it will be governed by the law of the place in which it resides or resides.
Merely by reason of transfer to another province or district of the State, for administrative purposes, he shall not be affected by the personal law of the district of his residence unless it is shown that he intended to change his personal law. Was.”
A person’s religious affiliation should not be determined on the basis of his name or birth. When a person intends to adopt Hindutva, he does all those things which are required to be done in the area according to the practice of Hindutva.
Or it is expected to be done according to that caste or religion and if he is accepted as a Hinndu and people around him call him a Hinndu, then he will be considered a Hindu.
In this regard, the Supreme Court’s judicial precedent is worth noting – Ganpat vs. Returning Officer, 1975 (1) S.K.O.K. 589
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