Table of Contents
- Section 2: Bare Act Language
- Important Takeaways
- Who is a Hindu?
- Religion of Child
- Conversion to Hindu Faith
- Reconversion to Hindu Faith
Section 2: Bare Act Language
(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.(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.”
Explanation: The section explains who is considered Hindu, and provides rules for inclusion or exclusion based on religion, domicile, and customs.
Important Takeaways
- Non-Applicability: The Act does not apply to:
- Members of Scheduled Tribes (Art. 366(25)) unless directed by the Central Government
- Muslims, Christians, Parsis, or Jews by religion
- Case Law: Bini B vs Jayan PR (AIR 2016 Ker 59): In this case it was held that Hindu Marriage Act is not applicable to Scheduled Tribes.
- Extra-Territorial Operation: It applies to Hindus living abroad, if domiciled in India.
- Case Law: Sondur Gopal vs Sondur Rajini (AIR 2013 SC 2678): In this case it was held that if the persons have a domicile in India, irrespective of the fact that they live in India or not, the provisions of the Hindu Marriage Act is applicable on them.
Who is a Hindu?
The Act includes:
- Hindus
- Buddhists
- Sikhs
- Jains
- A convert or reconvert is also considered Hindu.
Religion of Child
1. Both Parents are Hindu: If both the parents of child are Hindu then the Child will be Hindu whether he is legitimate or illegitimate.
Example: If parents convert to Hinduism before child’s birth then the child will be Hindu, even if parents convert to another religion later. In this case religion is appended to the child by birth.
2. One Parent is Hindu:
In case where one parent of a child is hindu, then child’s religion is determined by how the child is brought up. If the child is raised as Hindu then he/she is considered Hindu but if raised by teaching of both religions then the child is considered of father’s religion due to patriarchal norms.
Case Laws:
- Sapna vs State of Kerala (AIR 1993 Ker 75): In this case , there was a Christian Male and a Hindu women, both get married and had a daughter. The daughter was brought up as a Christian and there was no proof to show that daughter was brought up as Hindu, so daughter was considered as a Christian.
- Brim Singh Mawphniang vs State of Meghalaya (AIR 2014 NOC 502): A tribal remains a tribal even after inter-tribal marriage if he continues following original customs of that tribe.
Conversion to Hindu Faith
A person is a Hindu if they:
- Adopt Hindu religion
- Adopt Hindu way of life (festivals, customs, etc.)
- Clearly renounce previous religion
Case Laws:
- Arife @ Arti Sharma vs Gopal Dutt Sharma (2010 DMC 424): In this case it was held that conversion requires change of faith and must be a matter of conviction.
- Ganpat vs Returning Officer (AIR 1975 SC 420): In this case it was held that If it is not proved that the person who converts into any other religion, ceases to profess Hinduism, then the person shall be considered as Hindu
- Perumal vs Poonuswami (AIR 1971 SC 2357): In this case it was held that there are no ceremonies prescribed in the smrithis for conversion to the Hindu religion, one has to look to the sense of the community into which the convert is alleged to have been let in
Reconversion to Hindu Faith
When a former Hindu reconverts:
- He must show acceptance by Hindu community
- No specific rituals are required unless community mandates
Case Laws:
- J. Das vs State of Kerala (AIR 1984 Ker 164): In this case it was held that mere membership in Hindu organizations does not amount to reconversion.
- S Anbalagan vs B Devarajan (AIR 1984 SC 411): In this case it was held that there is no need for ceremonies unless required by caste. A person retains his caste unless community rejects him.
References:
- Hindu Marriage Act, 1955
- Family Law-I by Dr. Poonam Pradhan Saxena
