Who is a Hindu

Who is a Hindu
Sec.2 of H. M .Act H. S. Act And H A M ACT defines
the persons to whom this Acts apply
Sec. 3. H Minority and Guardian ship Act 1956 also
says about the applicability
The term Hindu can be studied under the following
A ) Hindu by birth
If both the parents are Hindus whether legitimate of
illegitimate, their child is treated as Hindus. Hindu law
applies
 If one of the parent is a Hindu, it would be
governed by Hindu Law Provided the child
has been brought up as Hindu
Case Myna Boyee Vs Ootram ,8.M.I.A,400
Facts English Christian man cohabited with a
Hindu woman. She deserted her husband. He
had two illegitimate sons B and C.
On the death of B two questions arose
A) By what law B and C are covered
 B) Can C succeed to B as a collateral
P.C Held the illegitimate children had been
brought up as Hindus hence governed by
Hindu Law
with regard to second question whether
under Hindu law C could succeed to
illegitimate uterine brother was remanded to
lower court
B Offshoots ouism
Buddhism, Sikhism and Jainism are more or less off
shoots of Hinduism
These were established by religious leaders
(reformers) who are themselves Hindus Hence they
are governed by Hindu law
Brahma Samaj , Arya Samaj , prardhana samaj have
deviated from orthodox Hinduism
Lingayats and Veerasaivas were sects of Hinduism, who
adopted principles diverging from Hindu orthodoxy
 All these are governed by Hindu Law
Converts to Hinduism
Old View
At one point of time it was thought that a Hindu
is born not made . That no one could claim to be
governed by Hindu Law simply by professing
Hinduism, if he was not a Hindu by birth
Proposition was unsound for a person, who is not
a Hindu by birth may come under the operation
of Hindu Law by conversion.
 Case Ratansi Morarji Vs. Administrator General
of Madras, 52. Mad.160
Austrian lade who was born in Christina religion
was conveerted to Hinduism by Hindu
Missionary Society of Bombay
She married a Hindu and died leaving a will which
she executed at Adayar, in the moffusil of
Madras. This will was not attested.
Here the will would be valid if the testator was a
Hindu, but it would not be valid, if the testator
was a christian
 Question
Whether the lady was a Hindu or not
Held by KoKa Venkata Subbarao.,J., Hinduism
recognised conversion and that the Austrian lady
had become a convert to Hinduism and was
governed by Hindu Law
Who is a Hindu
Hindu is derived from river Sindhu (Dr.S. Radha
Krishna, Hindu view of Life) otherwise known as
Sindhu(Indus river civilisation)
 Indus river flows from Punjab. The word
sindhu was pronounced by persians as Hindu.
Aryans who had settled in the districts near
that river are called Hindus
Greeks later dropped the word Hard aspirate
H and pronounced it as Indoi , Later came to
be known as India
That is, The term Hindu Had only a territorial
significance
 However in the present day it has a narrower meaning
Now it has acquired theological significance and a
Hindu is one who professes Hinduism
Balagangadhar Thilak
In his book Geetharahasya poingted out
Acceptance pf the vedas with reverence.
recognition of the fact that the means or ways to
salvation are diverse; and
realisation of the truth that the number of Gods to be
worshipped is large
That indeed is the distinguishing feature of hinduism
 Ultimate reality Highest form of
Hinduism recognises only one God
S.C. Considered the nature of Hinduism at great
length in
Case YagnaPurushdasji Vs Muldas, 1966 SC
1119
Contention: Indian sect Known as Satsanghi
is distinct community outside the Hindu fold
 Satsangh was founded by a Brahmin reformer
Sri Swamy narayana also known as Sahajananda
Object of the founder was to eliminate the
corrupt practices and vices which he observed
among the followers of Vaishnava cult of
Vallabhacharya
Hins followers regarded him as god and a built a
temple for him
Process of satsanghi
A person become a satsanghi not by birth but by
initiation by Guru
 Satsanghis also worship Lord Krishna, who is
regarded by hindus as an incarnation of God.They
had a temple near baroda dedicated too the
founder Swamy narayana
Question
Whether this was a Hindu Temple and the Act
Bombay Hindu Places of Public Worship(Entry
Authorisation) Act, 1956 would apply to Sri
Swamy narayana temple, when Hindu temples
were thrown open to Harijans Known as
Untouchable
 Temple trustees contention
Art. 26 Of I.C Guarenteeing freedom to establish
religious institution and they sought to invalidate
the above Act of 1956
Art.25(b) Specifically allows the throwing open of
Hindu religious temples to all classes of Hindus
Gajendragadkar.,C.J.
Made an elaborate survey of the nature of
Hinduism and concluded
 Satsanghi are only a reformed sect of Hindusim
and do not belong to any other religious group
So their temple was only a Hindu temple which
could be thrown open to all classes of Hindus
Hence the suit brought by satsanghi for a
declaration that their temple was not a hindu
temple was accordingly dismissed by Bombay
H.C
It was upheld by S.c
 Reconverts to HinduismThis has ben considered
by S.C. IN
Rajgopal Vs Armugam. 1969 S C . 738
Brief facts Raj gopal was a Hindu Adi.Dravida ,
one of the Scheduled castes. In 1949 he
converted to Christianity
Thereafter he bebegan professing the Hindu faith
as was shown by his marriage with an Adi.Dravida
Hindu women and bringing up hi childrenn in
Hinduism and showing the m As Hindus in the
school records
 AQuestion Whether he could stand for election
as di.dravida Hindu for a seat reserved for SC
Sc Held Though there was no formal conversion,
he could be treated as a person professing the
Hindu faith. But he copuld be treated as having
reverted to his previous subcaste, only if the said
sub.caste readmited him into its fold
No evidence of such treatment by the Adi.dravida
community
 Hence S.C. Held Rajgopal could not be held
to be qualified to stand for election as
Adi.Dravida
Thus on reverting to the Hindu faith, a person
no doubt becomes a Hindu, But he cannot
automatically be4 treated as having been
restored to his previous sub.caste
 Effect on conversion
a) Law Applicable
Effect of conversion was considered by
P.C In Abraham Vs Abraham , 9 M I A ,.195
Brief facts
M . Abrhams ancesters were Hindus who were
converted to christianity
On his death his widow brought the suit for
recovery of his property
This suit was resisted by his brother F. Abraham
 who contended that his ancestors continued to
be governed by Hindu law inspite of conversion
He accordingly claimed that he was entitled to
the entire property according to Hindu law of
survivorship applicable to Hindu Joint family
P.C 1 Effect of conversion of Hindu to christianity
is to severe his connection with H U F
2. Such a person may renounce Hindu Law, But
he is not bound to do so
 3. Course of conduct after conversion would
show by what law he elected to be governed
Under 3rd principle it was found that M Abraham
married a Christian women born to English father
and Protuguese mother. M Abram had adopted
english dress and mannersHence he had elected
against Hindu law so the claim of F Abraham
contention based on Hindu law of Survivorship
was rejected. Held to this property Indian
Succession Act 1865 was applicable
 Muslim Law
Old law, in case of conversion to Muslim law also
old lrule was that by custom, the convert has an
option to be governed by Hindu Law
Ex. Khojas & Cutchi Memons ( Originally Hindus
converted into Islam 500years back. Muslim
commercial Community from western Asia.)of
Bombay were governed by Hindu succession
though they had converted to Islam
LaterShariat Act 937 put an end to this practice.
 (b)Effects of conversion on right of inheritance in
family of birth
Hindu law
Conversion from Hinduism counld not inherit
Hindu relations
Mohd. Law
Same
This has been abrogated under Caste Disabilities
Removal Act 1850
 Effect of conversion of marital rights
Conversion of one of the parties
Md.Law
If the husband converts
Marriage is dissolved
If he wife embraces
same law
but under Dissolution of Muslim Marriage Act,
1939 wife can on her conversion seek divorce on
the grounds mentioned under the said Act
 Hindu law
Conversion of either party per se a ground for divorce
If the wife renounces hinduism, Husband can divore
under Sec.13(1)(ii)
(d) Effect for conversion on right to maintenance
Under Hindu Law
Sec.24 H A M Act Conversion from Hinduism
operates as a forfeiture of right to claim maintenance
Sec.18(2)(f) when the husband converts
Wife is entitled for separate residence and
maintenance
 Muslim
Conversion from Islam effects a forfeiture of
pre-existing maintenance
If the Husband renounces Islam, the
marriage is at an end -- Maintenance during
Iddat period can only be claimed by wife
 (e) Effect of conversion on rights of guardian
ship

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