Sumit Dubey

BA-LLB- 3
Enrollment no. 03219103819

FAMILY LAW -1
Q1. What if the Hindu term gets omitted from all the acts related to
Hindu law and can it be replaced with other term? Why or why not?
What are your views on this?

Ans. It is difficult to define the term ‘Hindu’ in reference to religion

since Hindu religion is so diverse that the definition of the term Hindu in
terms of Hindu is an impossible task. In its ambit are included-

 All those persons who are Hindus, Sikhs, Jains and Buddhists by
religion. In this category are also included converts and reconverts
to Hinduism, Sikhism, Jainism, Buddhism.
Now according to the above statement the term Hindu religion in itself is
so diversified and multifaceted that it is not possible to make an
omission in it. As Hindu laws not only contains the laws, rules,
regulations and acts regarding the Hindu but also regarding to other
religion that are Sikhism, Buddhism, Jainism also. As any person who is
a Jain, Sikh or Buddhist by religion is also a Hindu since Hindu law
applies to him. In sum if the nucleus of Hinduness, Sikhness, Jainness
or Buddhness is established a person is a Hindu.
Now if the Hindu term gets omitted then all other religions which
are under the term Hindu will be separated and they will be having their
own laws and rules. Now as Hindu term is in itself is so diversified
making of laws of different religions will not be possible. If Hindu term
is omitted then other religions that are Sikhism, Buddhism, Jainism they
are in itself so multifarious and multitudinous that making a separate law
on them is almost an impossible task. That is why all these religions are
mentioned under the term Hindu and Hindu law is applicable to them.
Moreover in Birender Kaur And Another vs Union Of India it was
clearly stated The arms of the Constitution warmly embrace all the
citizens of India irrespective of caste, creed, sex, religion, denomination
or religious dogma and theological beliefs. It respects all. Things will
not fall apart merely because of the use of the word Hindu in the
Statutes. India would not become less secular with the use of the word.
Nothing depends on it. Sikhs, Jains and Buddhists live happily under the
umbrella of the Acts subject to custom and usage. The clubbing of the
groups results in no prejudice; no hostile or invidious discrimination and
no identity crisis within the range of selection. It is constitutionally
recognized and protected.
Hence the term Hindu is absolutely correct and there is no need to
for omission of this term.