HINDU LAW

APPLICATION OF HINDU LAW / WHO IS A HINDU?

1. INTRODUCTION

Hindu Law is one of the most ancient legal systems in the world, and in India, it applies not just to those who profess Hinduism in a strict religious sense, but also to others who are considered Hindus under statutory provisions.

Hindu law is a body of personal laws governing the social aspects of Hindus, including marriage, divorce, adoption, inheritance, and family matters. It is one of the oldest systems of jurisprudence, continuously evolving through custom, judicial decisions, and legislation.

THE CODIFIED HINDU LAW MAINLY INCLUDES:

The Hindu Marriage Act, 1955

The Hindu Succession Act, 1956

The Hindu Minority and Guardianship Act, 1956

The Hindu Adoptions and Maintenance Act, 1956

All these are collectively known as the Hindu Code.

HINDU PHILOSOPHY: THE SPIRITUAL FOUNDATION OF HINDU LAW

Hindu Law is derived from Hindu philosophy and religion. It is intertwined with ideas of dharma (duty/righteousness) and moksha (liberation).

A. SOURCES OF HINDU PHILOSOPHY

Vedas: Primary scriptures; contain hymns, rituals, and moral duties.

Smritis (e.g., Manusmriti, Yajnavalkya Smriti): Codified moral and legal rules.

Shruti: "Heard" – divine revelations (Vedas).

Upanishads: Philosophical reflections; contain metaphysical ideas of karma, rebirth, and ultimate reality.

Dharma Shastras: Deal specifically with duties, law, and social order.

KEY CONCEPTS

Dharma: Moral and social duties; the core of Hindu jurisprudence.

Karma: Actions and consequences — influence legal duties and atonement.

PURUSHARTHAS: FOUR GOALS OF LIFE:

1. Dharma – Duty

2. Artha – Wealth

3. Kama – Desire

4. Moksha – Liberation

HINDU SOCIAL STRUCTURE: THE SOCIO-LEGAL FOUNDATION

Hindu Law evolved within a structured, hierarchical society, mainly based on varna and ashrama systems.

A. VARNA SYSTEM (CASTE SYSTEM)

1. Brahmins – Priests and scholars

2. Kshatriyas – Warriors and rulers

3. Vaishyas – Traders and agriculturists

4. Shudras – Service providers 

Law and dharma varied according to varna.

B. ASHRAMA SYSTEM (STAGES OF LIFE)

Every individual passes through four stages:

1. Brahmacharya (student life/celibacy)

2. Grihastha (householder)

3. Vanaprastha (hermit/retired)

4. Sannyasa (renunciation)

Each stage had specific legal and moral duties.

C. JOINT FAMILY SYSTEM

A core concept in Hindu society

Influences laws of succession, coparcenary, and property rights

Emphasis on patriarchal family authority (Karta system)

CONCEPT OF LAW IN HINDU JURISPRUDENCE

A. DEFINITION OF LAW (VYAVAHARA)

Law is seen as “dharma” — not merely a command of the sovereign, but a moral and spiritual obligation.

B. CHARACTERISTICS OF HINDU LAW

Divine origin: Believed to be revealed to sages (rishis) by God

Customary: Strong emphasis on local customs (acharas)

Duty-based: More emphasis on duties than rights

Flexible and adaptive: Recognizes custom, smriti, usage, and equity

C. SOURCES OF HINDU LAW

As per traditional texts:

1. Shruti – Vedas (heard)

2. Smriti – Remembered texts (e.g., Manusmriti)

3. Acharas – Community customs

4. Atmanastuti – Good conscience

Modern Sources: Judicial decisions

Legislation (Hindu Code Bills) Equity and justice

Modern Sources: Judicial decisions

Legislation (Hindu Code Bills) Equity and justice

2. WHO IS A HINDU?

A. ACCORDING TO STATUTORY LAW

Section 2 of the Hindu Marriage Act, 1955 (also similar in other codified Hindu laws) defines the scope of who is a Hindu:

It applies to:

I. HINDUS BY RELIGION

Followers of Hinduism, Saivism, Vaishnavism, Lingayatism, Brahmo Samaj, Arya Samaj, Sanatan Dharma, etc.

II. BUDDHISTS, JAINS, AND SIKHS

These are considered Hindus for the purpose of Hindu law, even though they are separate religions.

Based on historical development and cultural unity.

III. PERSONS WHO ARE NOT MUSLIM, CHRISTIAN, PARSI, OR JEW (BY RELIGION), AND ARE NOT GOVERNED BY THEIR OWN PERSONAL LAWS

If a person is not a Hindu by religion but is not governed by any other religious personal law, Hindu Law applies by default. This is known as the "default application" rule.

2. WHO IS A HINDU BY CUSTOM OR USAGE?

Even if a person does not profess the Hindu religion, they may still be governed by Hindu Law if:

They are born into a Hindu family, or

They are brought up as a Hindu, or

Their customs align with Hindu practices

This is particularly relevant for tribal people and certain castes or sects.

3. HINDU BY BIRTH

A person is considered a Hindu by birth if:

Both parents are Hindus, or

One parent is a Hindu and the child is brought up as a Hindu

This was clarified by the Supreme Court in Murlidhar v. Subramaniam, where upbringing was considered a major factor.

5. CONVERSION TO HINDUISM

A person can convert to Hinduism and become subject to Hindu Law, even if not born a Hindu.

Requirements:

Bonafide intention to adopt the faith

Acceptance by Hindu community

Conduct and belief consistent with Hindu customs

This was upheld in Perumal Nadar v. Ponnuswami (1971), where it was held that no formal ceremony is required, but sincere adoption of the faith and practices is necessary.

6. RECONVERSION

A person who had converted to another religion (like Islam or Christianity) but later re-converts to Hinduism, can again be governed by Hindu Law.

Ganpat v. Returning Officer, AIR 1975 SC 420 — reconversion was recognized and rights under Hindu Law restored.

3. WHO ARE NOT HINDUS?

Hindu Law does not apply to:

Muslims

Christians

Parsis

Jews

SOME IMPORTANT CASE LAWS:

1. Perumal Nadar v. Ponnuswami – Conversion to Hinduism

2. Ganpat v. Returning Officer – Reconversion

3. Murlidhar v. Subramaniam – Child of one Hindu parent

4. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) – Marriage of Hindu with non-Hindu

THUS:

Hindu Law applies not just to religious Hindus but also to Jains, Buddhists, Sikhs, and those not governed by other personal laws.

A person can become Hindu by birth, by conversion, or by custom.