Under Indian law, a “Hindu” includes not only followers of Hinduism but also Buddhists, Jains, and Sikhs. It also covers anyone who is not a Muslim, Christian, Parsi, or Jew, unless proven otherwise. The definition mainly comes from personal laws like the Hindu Marriage Act, 1955.
Detailed Explanation
The question “who is hindu according to hindu law” is important because many personal laws in India apply specifically to Hindus. These include laws related to marriage, adoption, succession, and guardianship.
Indian law does not define a Hindu only by religion in the traditional sense. Instead, it uses a broader and inclusive approach. A person is considered a Hindu under the law if they follow Hinduism in any of its forms, including its different sects and traditions.
Interestingly, the law also includes Buddhists, Jains, and Sikhs within the meaning of “Hindu” for legal purposes. This is not about religious identity but about applying a uniform set of personal laws to these communities.
Another important point is that if a person is not a Muslim, Christian, Parsi, or Jew, the law may presume them to be Hindu unless proven otherwise. This is a practical approach used by courts to determine which personal law applies.
Children are generally considered Hindu if both parents are Hindus. If one parent is Hindu, the child may still be treated as Hindu if brought up in that religion. Similarly, a person who converts to Hinduism is also recognised as a Hindu under the law.
Courts in India have also clarified that a person does not need to strictly follow religious rituals to be considered Hindu. Even those who do not actively practice religion may still fall under Hindu law if they belong to the community.
Key Points / Important Facts
- “Hindu” includes followers of Hinduism and its various sects.
- Buddhists, Jains, and Sikhs are legally treated as Hindus for personal laws.
- A person not belonging to Muslim, Christian, Parsi, or Jewish communities may be presumed Hindu.
- Conversion to Hinduism makes a person legally Hindu.
- Children usually follow the religion of their parents for legal classification.
- Religious practice is not strictly required to be considered Hindu under the law.
Legal Provision or Section
The main legal provision is found in the Hindu Marriage Act, 1955, particularly Section 2.
- Section 2 states that the Act applies to Hindus, including Buddhists, Jains, and Sikhs.
- It also applies to any person who is not a Muslim, Christian, Parsi, or Jew, unless it is proved that they are governed by another law.
- Similar definitions are used in other laws like the Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.
These provisions ensure that a wide group of people are covered under Hindu personal laws in India.
Conclusion
In simple terms, Hindu law uses a broad and practical definition of who is Hindu. It includes multiple religions and even those not clearly belonging to other major faiths. Understanding this helps determine which personal laws apply in matters like marriage, inheritance, and adoption.
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