Who are Hindus?
APPLICATION OF HINDU LAW
Who are Hindus?
The term Hindu is a general term embracing all those who are commonly so known. The term Hindu denotes all those persons who prefer to profess Hindu religion either by birth or by conversion to Hindu faith.
Actually, the term Hindu is derived from the Greek word "Indoi"the Greeks used to call the inhabitants of the Indus Valley as Indoi.
Case-
: Yagnapurusdasji v/s Muldas [AIR 1966 SC1119]
In this case, an attempt was made by Justice Gajendra Gadkar to define the term Hindu. According to him, any person who has faith in the fundamental principles of Vedas is regarded as a Hindu by religion .Unlike other religion, the Hindu religion does not claim any one prophet, not believe in anyone set any one philosophic concept, not follow any one set of religious rites or performances to satisfy the narrow additional features of any religion. It may broadly be described as a way of life.
• Case: Manohar Joshi V/S NB Patil [AIR 1996 SC 796]
In this case while pointing out the distinction between Hindu religion and Hindutva (Hinduism), the Supreme Court held that the word Hindutva by itself does not invariably mean Hindu religion and it is in the context and the manner of its use which is material for deciding the meaning of this word in a particular text. It cannot be held that in the abstract, the mere word Hindutva by itself invariably must mean the Hindu religion.
• According to ancient texts: A Hindu is born and not made, i e, the status of a person as Hindu is determined by his birth. This statement is not correct in the context of the present Hindu Law.
• In the context of the present law: The term Hindu includes those born as Hindus and also those who converted to Hinduism. Therefore, Hindus are born as well as made.
Case-Abraham v/s Abraham
In this case, the court held that Hindus are those who are born as Hindus and also those who become converts to Hinduism, Hindus are therefore boon as well as made and thus the applicability of Hindu Law is not restricted to those persons only who are Hindus by birth, it has been extended to those persons also who have accepted the Hindu religion or who converts to Hinduism.
* Methods of Conversion
A non-Hindu may renounce his religion and become Hindu by conversion by any of the three methods-
1- If he performs the ceremony of conversion prescribed caste or community to which he converts.
2 - If he expresses an intention to become a Hindu and actually lives as a Hindu and the community or caste into the fold of which he is ushered in accepts him as a member of that community or caste.
3- If he declares that he is a Hindu and lives as a Hindu.
Case: Peerumal Ms Poonuswami [AIR 1971 SC2352)
In this case, it was held that a person can become Hindu if he/she expresses an intention expressly or impliedly to become a Hindu and live like a Hindu and the community or caste into the fold of which he is ushered in accepts him/her as a member of that community or caste.
* Application of Hindu Law
: Person To Whom Hindu Law Applies
1-Any person who is Hindu by religion (i.e., a Hindu, Jain, Sikh or Buddhist)
2-Hindu by birth, i.e., a person who is born of Hindu parents.
3-Any person who is not a Muslim, Christian, Parsi or Jews by religion.
1-Hindu By Religion
→ The Hindu law applies to those who follows the Hindu religion by practising or claiming it.
→ It includes the followers of Virashaiva, Lingat,Brahmo, Prathana or Arya Samaj.
→ It also includes those who are not the followers of Islam, Christianity and who are not Parsi or Jew by religion.
→ It also applies to the followers of Buddhism, Jainism or Sikhism.
→ It also applies to the person who converts to Hinduism
→ It also applies to those who reconverted to the Hindu religion (A Hindu who converted to another religion and then converted to Hindu religion again)
2-A Hindu By Birth
According to Modern Hindu Law, a person is Hindu by Birth in the following ways-
1 When Both Parents are Hindu: The Hindu law is applicable to any child (legitimate or illegitimate whose both parents are Hindus, Buddhists, Jains or Sikhs by religion.
2 When Only One Parent is Hindu: When one parent (either mother or father) is a Hindu and child is brought up as a Hindu, the child is considered to be a Hindu, and the Hindu law applies on him/her.
Case: Moyna Boyee vs Octaram (11861) 8 MIA 400
• Person To Whom Hindu Law Does Not Apply.
The Hindu law does not apply to -
1-The illegitimate children of a Hindu father and a Christian mother who are brought up as Christians.
2- The illegitimate children of a Hindu father by a Mohammedan mother,( because these are not Hindus,neither by birth nor by religion)
3-The Hindu who converts to Christianity
4-Person who convert from Hindu to the Mohammedan faith.
5-The Hindu who don't follow the principles of Shastra.
* Effects of Conversion
1. On Applicability-
• When a Hindu Converts to Mohammedanism: When a Hindu Converts to the Mohammedan faith he/she will be, governed by the Mohammedan law or Muslim Personal law.
• When a Hindu Converts to Christianity: Before passing of the Indian Succession Act, 1925, such person had to elect either to adhere to or renounce the Hindu Law of Succession.
But the Act brought provisions that all native Christians whether they have elected or not to remain subject to Hindu law, he is governed by the Hindu law.
• When A Person Converts to Hindu Religion
If a person follows the Hindu faith or religion, the Hindu law applies on him/her.
2. On Inheritance Rights-
Earlier, a person who convert from Hinduism could not inherit to the property of his/her Hindu relatives.
But the Caste Disabilities Removal Act, XXI of 1850 abolished the forfeiture of rights inheritance upon conversion of caste.
3. On Marital Rights-
Under the Hindu Marriage Act, 1955, if any of the partner converts to another religion, the other party can seek a divorce.
4 . On Maintenance Right
Comments
Post a Comment