This article tells about who is Hindu under Hindu Law.
Hindu word is not defined anywhere, it is derived from the word Sindhu but in general terms “All the persons who profess Hindu religion either by birth or by conversion to the Hindu faith, are called Hindu. Hindu law is a personal law so it tells who is Hindu and to whom Hindu law applies.
Origin Of Hindu
The term Hindu has its origin not on the basis of the Religion Hinduism but Geography. Hindu term came from Sindhu. Sindhu term was o denote people who were settled around the Sindhu river (present-day Indus river).
Later Sindhu became Hindu and the term was used to identify people who were not Muslims or Christians, So in a way, the definition of Hindu was more negative( i.e, who is not a Hindu) rather than a positive (i.e, who is a Hindu).
Definition Of Hindu In Hindu Law
Hindu is defined under Section 2(1) of the Hindu Marriage Act,1955. Any person would be considered a Hindu for the purpose of the law if he is:
- A person who is Hindu by religion in any of is forms or developments, which includes a Virashaiva, a Lingayat or a follower of the Brahma, Prarthana or Arya samaj
- A person professing the Hindu, Sikh, Buddhist or Jain religion.
(Also mentioned in Constitution of India- Article 25, Explanation II).
- A person who is not a Christian, Muslim, Parsi or Jew by religion will be governed by Hindu law unless it is proved that such a person will not be governed by Hindu law.
- Any child legitimate or illegitimate both of whose parents are Hindus, Buddhists, Jains or Sikhs is Hindu.
If only one of the parents is Hindu then the religion of the child would be decided on the basis of his/her upbringing i.e, whether the upbringing was a Hindu or not.
- Any person who is a convert to the Hindu, Buddhist, Jain or Sikh religion.
Intention to be converted to a Hindu and conduct in that regard is enough proof to prove that you are a Hindu, No special ceremonies of conversion need to be done. Held in the case of Perumal v. Ponnuswami (1971)
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