RAYAT COLLEGE OF LAW

Project
of
FAMILY LAW
On
The topic
APPLICATIONS OF HINDU LAW

SUBMITTED TO SUBMITTED BY:

MS. MUMTAZ ZABEEN KHAN SIMRANJIT KAUR

Assistant professor Class:- BCom.LLB Sem- 3RD

Rayat College of Law Roll No: 19630

Session 2022-23
 INDEX

SR. NO PARTICULARS
01. INTRODUCTION
02. HINDU BY BIRTH
03. BOTH PARENTS ARE HINDU
04. ONE PARENT IS HINDU
05. ABANDONED CHILD
06. HINDU BY RELIGION
07. ORIGINALLY HINDU
08. HINDU BY CONVERSION OR RECONVERSION
09. HINDU BY DECLARATION
10 CONCLUSION
 ACKNOWLEDGMENT

The dawn of each morning brings wrapped beneath its wings an opportunity
to learn and grow. Every day that I worked on this term paper I learnt so much and
working without proper guidance and expecting success is just making castles in
the air. So, whenever one wants to start any work, one requires guidance from
experts.
On the completion of this term paper, I would like to place on record my sincere
gratitude towards all those people who have been instrumental in its making.
Firstly, I would like to thank Assistant Professor MS. MUMTAZ ZABEEN
KHAN assigning me with such an interesting topic to research and for helping me
with it. I sincerely thank her for all the support and encouragement without which
the completion of this term paper could not have been possible.
I also owe sincere gratitude to the staff at library of college for always helping me
in the process of finding material and other sources for research.
And last but not the least; I thank my family and friends for supporting me
throughout in my endeavours.

Name SIMRANJIT KAUR ‘

Roll no 19630

Class BCOMLLB 3RD SEM

INTRODUCTION:
Hindu is a Sanskrit word which is derived from the Sindhu river is now
known as Indus . the Indus valley people were Vedic, Aryans,
Aboriginal tribes and half civilized people and the cultural Dravidians
named as Hindu by the Persian Greeks called them as Indoi which later
on became Indians .So the word Hindu has a territorial connotation
given to the people staying in the east and west of the river Sindhu and
in the territory across the river. Aryans were the people who have started
a way of life towards dharma. Unlike all other religions, Hindus never
claimed to have one god rather they had multiple faiths in multiple
things alike god. That is one of the reasons the word Hindu is broader in
its meaning and application.
By crossing through the various phases of Srutis, Samritis , Digests,
Commentaries ,Usage, Customs, Equity, Justice and good conscious, the
Hindu reached to the phase of Legislation and Precedence. The word
Hindu which was defined by custom in the terms of religion got another
definition by law and codified one. The Legislation e.g. Hindu Marriage
Act 1955, Hindu Adoption and Maintenance Act 1956, Hindu Minority
and Guardianship Act 1956 and Hindu Succession act 1956 defined the
word Hindu and the application of Hindu law in a more detailed manner.
Since the connection with custom and religion could not be detached.
The customary law of Punjab, Maumakkattyam and Aliasantana
customs of south india are still applicable in their respective regions.
WHO IS A HINDU?
Hindu law as a historical term refers to the code of laws applied to
Hindu, Buddhists, Jains and Sikhs. It is modified through centuries. The
history of hindu law suggests that Hindus are categorized in two
categories one Hinduism Hindu and second, Hinduised Hindu.
Hinduism hindus are those who have a faith in hindu religion for the
reasons they are born in hindu religion or converted to hindu religion .
Hinduised people are those who adopted the hindu religion or merged
in the religion on their own.

Legal aspect of the definition of Hindu:

There is no precise definition of the word Hindu . An attempt has been
made by section 2 of every Hindu Legislation which legally defines the
application of Hindu law and more specifically who is a Hindu? The
provision speaks as SECTION -2 (1) THIS ACT APPLIES,
a) to any person who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of
the Brahmo, Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act
extends who is not a Muslim, Christian, Parsi or Jew by religion, unless
it is proved that any such person would not have been governed by the
Hindu law or by any custom or usage as part of that law in respect of
any of the matters dealt with herein if this Act had not been passed.

Explanation. —The following persons are Hindus, Buddhists, Jainas or

Sikhs by religion, as the case may be:—
(a) any child, legitimate or illegitimate, both of whose parents are
Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu,
Buddhist, Jaina or Sikh by religion and who is brought up as a member
of the tribe, community, group or family to which such parent belongs or
belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist,
Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing
contained in this Act shall apply to the members of any Scheduled Tribe
 within the meaning of clause (25) of Article 366 of the Constitution
unless the Central Government, by notification in the Official Gazette,
otherwise directs.
(3) The expression “Hindu” in any portion of this Act shall be construed
as if it included a person who, though not a Hindu by religion, is,
nevertheless, a person to whom this Act applies by virtue of the
provisions contained in this section. State Amendment Pondicherry: In
section 2, insert the following sub-section:— “(2A) Notwithstanding
anything contained in sub-section (1), nothing contained in this Act shall
apply to the Renoncants of the Union territory of Pondicherry .”

Who is a Hindu

Hindu by birth Hindu by religion others

Both parents are Only one parent is Person who is not

Hindu Hindu & he is brought Muslim, Parsee , Jew,
up by as Hindu or Christian

Originally Hindu, Hindu in any By conversion

Jain, Sikh or of its forms & or reconversion
Child also hindu
Buddhist developments

Legitimate or illegitimate
HINDU BY BIRTH:
BOTH PARENTS ARE HINDU:

 At the time of the birth of a person if both of his parents were

Hindu then the person is also considered as Hindu by birth.

ILLUSTRATION:
A is a born of Sikh father and Jain mother. Now , A is also
considered as Hindu because both of his parents belonged to Hindu
religion as Sikh and Jain comes under Hindu law.

 If after the birth of the child, both of the parents or either of the
parents converted into non- religion then the child stills remains a
Hindu by birth unless the religion of the child is converted into the
parental rights

ILLUSTRATION:
At the time of the birth of A his father and mother both were
belonged to Hindu religion. After the birth of A both of the parents
or either of the parents converted into muslim religion then child A
also recognized as a Hindu because at the time of the birth his both
parents were Hindu , as stated by the law if parents are Hindu at
the time of the birth of the child then the child is also recognized as
a Hindu by birth
 The right to convert child’s religion is lies with the father and on
attaining the age of majority the child has a right to convert his
religion, till then he is considered as Hindu by birth.

ILLUSTRATION:
X is a born of Hindu mother- father. After his birth father is
converted into Muslim religion . as law stated that the child is
recognized as Hindu by birth because at the time of this birth his
both parents were Hindu and after his birth his father converted his
religion into Muslim from Hindu, in this father has a right to
convert his child’s religion into any other non- religion. Or if
father cannot converts the religion of the child, then the child has a
right to convert his religion into any other non- religion after
attaining the age of majority.

 If both parents are died after the birth of the child and the child is
brought up by any non –Hindu , then the child remains Hindu by
birth.

ILLUSTRATION:
X is a born of Hindu mother- father. After his birth both parents
were died and the X is brought up by the Muslim friend of X’s
father, here X is considered as Hindu because at the time of his
birth his parents were Hindu
.
  Even, child is not brought up with Hindu norms by Hindu parents
or guardians, the religion of the child strict to be Hindu by birth
unless converted. It hardly matters that the child is studying in a
Christian school or learning the Christian technology etc. his
religion by birth cannot be changed until / unless formal
conversion or declaration is not done by him.

ILLUSTRATION:
If the child is born in Hindu religion then he is recognized as
Hindu by birth . in case if is not brought up by the Hindu norms by
the Hindu parents or guardians then his religion is remains be
Hindu until/ unless formal conversion / declaration is done by the
child.

ONE PARENT IS HINDU AND HINDU BY BROUGHT UP :

 Any child legitimate / illegitimate, one of whose parents is a

Hindu, Buddhist, Jain / Sikh by religion and who is brought up as a
member of tribe, community, group/ family to which such parents
belongs or belonged.
 If at the time of the birth of the child one of his parents is Hindu
and the other the other was non- Hindu, then the child is
considered to be Hindu.
 It all depends upon how the child has been brought up whether by
norms of the Hindu religion or non- Hindu religion to whom either
parents belongs to.
 Case law:
SAPNA V/S STATE OF KERALA AIR 1993.

Facts of the case:

The mother belonged scheduled caste who was married to a
Christian. She changed her name after marriage as Uma Jacob . the
name of the daughter also kept as Sapna Jacob. Sapna intended to
take admission in the medical college in SC quota. There was no
evidence on record which could show that she has ever professed
Hinduism. So the court decided that the benefit of reservation to
her as she is not a Hindu neither by birth nor by brought up.

 ILLUSTRATIONS:
1. A is a born of Hindu father and Christian mother and his
brought up as per the norms of Hindu law. Hence, the child is a
Hindu by brought up.
2. A is a born of Muslim father and Hindu mother and the child is
illegitimate. Hence, the child is recognized as a Muslim by
brought up because the child is not brought up according to the
Hindu norms.
3. The child is born to Christian father and mother but brought up
as Hindu child. The child is Christian by birth not Hindu by
brought up as no conditions of section 2 applies to it.
ABANDONED CHILD:
As per the provisions of section 2 [1] explanation attached by the
amendment of 1962 of Hindu Adoption and Maintenance Act 1956, any
child legitimate/ illegitimate , who has been abandoned both by his
father and mother or whose parentage is not known and who is either
case is brought up as a Hindu, Buddhist, Sikh is Hindu by religion and
he can be adopted under Hindu law.

ILLUSTRATIONS
1. A child who is found on the road, picked up by a Hindu couple and
brought up is Hindu by brought up / adoption.
2. An abandoned child, adopted by the Hindu father and Muslim
mother. The child will be Hindu by brought up if Hindu faith is
followed in his way of bringing up.
3. An abandoned child found with the symbols of Hinduism, brought
up by a Muslim parents, is Hindu by birth if the parentage was
known, in case not known then Muslim by brought up.
4. A child found abandoned, picked up by Hindu parents, data
Homen ceremony was performed. The child is Hindu by adoption
or religion.

HINDU BY RELIGION:

Hindu by religion

Hindu by origin Hindu by conversion Hindu by declaration.

/ reconversion
Brief introduction:

 One is said to Hindu by religion, who belonged to Hindu religion.

Since his birth irrespective of the fact whether he is professing
Hindu religion or not.
 If any person who is Hindu and denies his belongingness then he
remains to be Hindu.
 If he denies to do worship of Hindu god / goddess then, he is still a
Hindu.
 Hence, any person who borne in Hindu religion, he is Hindu by
religion unless he converts to another non- Hindu religion.

HINDU BY ORIGIN:

 Those who are originated from the main Hindu religion.

 A person who is Hindu , Jain , Buddhist, Sikh by religion
originally are known as Hindu.
Case law:
YAGNAPURUR DASJI V/S MULDAS AIR 1966 SC
This case of 1966 was concerned with the two important aspects.
The Hindu religion and Untouchability were two aspects that form
the crux of this case.
 FACTS OF THE CASE:

 The appellants were the followers of a Swaminarayan sect and

were known as satsangis.
 They demanded the declaration that their temples did not come
under the ambit of the relevant provisions of the BOMBAY
HARIJAN TEMPLE ENTRY ACT 1947 amended because the
religion of Swaminarayan sect was different and distinct from the
Hindu religion
 They also demanded an injunction to prevent the entry of non-
satsangis and worshipping them in the swaminarayan temples.
 Indirectly they wanted to obstruct Harijans from entering their
temple by declaring themselves separate from Hindu religion and
their temples outside the ambit of BOMBAY HINDU PLACES
OF PUBLIC WORSHIP ACT 1956 and the former act BOMBAY
HARIJAN TEMPLE ENTRY ACT 1947.

JUDGEMENT:
The SC derived four principle to held that if any person/ group of
persons follow these principles then they were considered as Hindu
and these principles were as follows:
 Followers of Vedas
 Faith in Idology
 Believe in the things like Re- birth / Pre- existence
 Salvations .
HINDU BY CONVERSION / RECONVERSION:

 A non- Hindu can also be a Hindu if he converts his religion into

Hindu religion.
 This conversion is external not the internal. Meaning thereby is
that if a Jain / a Sikh / a Buddhist / a Hindu converts its religion
then it could not be called as conversion.
 Still he is a Hindu as all are Hindus by Religion. This is for a
Muslim, Christian and Parsi. There is no as such formal procedure
of conversion to Hindu or no- Hindu religion but merely saying
that I like to be a Muslim or a Parsi or a Christian is not
conversion unless the intention to convert is not firm and trust
worthy. Moreover marring to a Hindu male / female doesn’t mean
automatic conversion of the religion. The casual mode of
conversion is fulfilling the ceremonies of that religion in which
intending to convert.

HINDU BY DECLARATION:

 One can be Hindu by declaration as well.

 As happened in case of:
MOHANDAS V/S DEWANSWAN BOARD 1975
Where Jesudus a catholic Christian by birth and singer in a Hindu
temple declared that he is a great follower of Hindu faith. The
court held that he can be accepted as a hindu by conversion with
such a bonafite declaration.
CONCLUSION:
At last we can conclude that a person may be called as a Hindu by birth,
by religion and by declaration also. It is not compulsory to have both
parents of Hindu religion. If any of parents belongs to Hindu religion
then child can be of Hindu religion also. If any person acquired adopt
Hindu religion then the father of that person has a right to converts his
child religion and the person can also convert his religion after attaining
the age of majority.