Introduction

The application of Hindu Law depends on identifying who is considered a Hindu under the law. In India, Hindu law does not apply only to persons who follow Hinduism strictly as a religion.

The term Hindu has a wide legal meaning. It includes not only Hindus by religion but also Buddhists, Jains, and Sikhs, and certain other persons who are not governed by any other personal law.

Meaning / Definition

In legal terms, a Hindu refers to a person who follows the Hindu religion or who is treated as a Hindu under law.

The term generally includes:

• Persons who follow Hinduism in any form.
• Persons who follow Buddhism, Jainism, or Sikhism.
• Persons born to Hindu parents.
• Persons who convert or reconvert to Hinduism.
• Persons who are not Muslims, Christians, Parsis, or Jews, and who are not governed by any other personal law.

Historically, the word Hindu was not a religious term. It originally referred to people living near the Sindhu (Indus) river region. Over time, the term came to represent a religious and cultural identity.

Modes or Types

Hindu by Religion

A person is considered a Hindu if they follow the Hindu religion in any of its forms or traditions.

This category includes:

• Hindus by faith
• Buddhists
• Jains
• Sikhs

Persons who convert or reconvert to Hinduism also fall under this category.

Hindu by Birth

A person is considered a Hindu if they are born to Hindu parents.

Key principles include:

• If both parents are Hindus, the child is a Hindu.
• If one parent is Hindu and the other is Buddhist, Jain, or Sikh, the child is treated as Hindu.
• A child may also be considered Hindu if he or she is brought up in the Hindu community or family tradition.

If a parent later converts to another religion, the child continues to be Hindu unless the child is also converted.

Persons Not Governed by Other Personal Laws

Hindu law may apply to persons who are not Muslims, Christians, Parsis, or Jews, and who are not governed by another personal law system.

This may include persons who:

• Do not follow any specific religion
• Believe in multiple religions
• Follow local customs that fall within the Hindu legal tradition

Converts and Reconverts

A person may become a Hindu through conversion or reconversion.

For conversion to be valid, two elements are usually required:

• Intention to adopt the Hindu faith
• Acceptance by the Hindu community

After conversion, the person becomes subject to Hindu law.

Important Case Law

Yagnapurushdasji v. Muldas (AIR 1966 SC 1119)

The Supreme Court of India discussed the nature of Hindu religion and who can be considered a Hindu.

The Court accepted a broad description of Hinduism which includes:

• Respect for the Vedas (ancient Hindu scriptures)
• Acceptance of multiple forms of worship
• Recognition of different philosophical paths within the religion

The Court observed that Hinduism is wide and flexible and includes many beliefs and practices.

Shastri Yagnapurushdasji v. Muldas Bhudardas Vaishya (1966)

This case involved the Swaminarayan temple in Ahmedabad. The followers of the Swaminarayan sect argued that they were a separate religion and not Hindus.

The Supreme Court rejected this argument. It held that groups such as:

• Swaminarayan followers
• Arya Samaj followers
• Radhasoami followers

are part of the broader Hindu religion.

Peerumal v. Poonuswami (AIR 1971 SC)

The Supreme Court held that a person may become Hindu by conversion if:

• The person clearly expresses the intention to become Hindu, and
• The person follows the customs of the Hindu community and is accepted by it.

Mohandas v. Devaswom Board (AIR 1975 Kerala HC)

The Kerala High Court held that a clear declaration of intention and conduct consistent with Hindu practices may be sufficient to establish conversion to Hinduism.

Distinction / Comparison

Practical Example

If a child is born to two Hindu parents, the child is treated as Hindu under law.

If a person originally belongs to another religion but converts to Hinduism and follows Hindu customs, the person may also be legally recognised as Hindu.

Similarly, followers of religious groups such as Arya Samaj or Swaminarayan Sampradaya are legally treated as Hindus.

Summary

• Hindu law applies to persons who are legally recognised as Hindus.
• A person may be Hindu by religion, by birth, or by conversion.
• The term Hindu also includes Buddhists, Jains, and Sikhs.
• Hindu law may apply to persons who are not governed by other personal laws.
• Courts in India have interpreted the term Hindu broadly.
• Important cases such as Yagnapurushdasji v. Muldas clarified the scope of Hindu identity under law.