WHO ARE HINDUS?
The term Hindu is not found anywhere in the Dharmashastras. It is believed that the word Hindu is derived from the Sanskrit word Sindhu, which is the local name for the Indus river.
The word Hindu came with the advent of Greeks who used to call the inhabitants of the Indus valley as Indoi. Gradually with time this Indoi word converted and transformed into Hindu.
The word Hindu came with the advent of Greeks who used to call the inhabitants of the Indus valley as Indoi. Gradually with time this Indoi word converted and transformed into Hindu.
Since Hindu law applies to all those persons who are Hindus, it is necessary to know who are Hindus or to whom Hindu law applies.
The persons to whom Hindu law applies may be put under three categories-
1) Hindus by Religion i.e. any person who is a Hindu, Jain, Sikh or Buddhist by religion.
2) Hindus by Birth i.e. any person who is born of Hindu parents ( when both the parents or one of the parents is a Hindu, Jain, Sikh or Buddhist by religion.)
3) Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law.
1) Hindus by Religion:
Hindu does not include only the persons who worship or have faith in specific Hindu Gods or Goddesses. But Hindus are divided into four sub-sects-
First, Jains are also called as Hindus.
Sikhs are also called as Hindus.
Buddhists are also called as Hindus and
Also, the persons who worship or have faith in Hindu Gods or Goddesses.
These are the sub-sects or forms of Hindus.
Two types of persons fall under the category of 'Hindus by Religion'-
a) Followers of Hindu Religion, and
b) Converts or reconverts to Hinduism.
a) Followers of Hindu Religion:
Anyone who follows the Hindu religion in any of its form or development, either by practising it or by professing it, is a Hindu. Thus the followers of Hindu, Jain, Sikh or Buddhist religion are said to be a Hindu.
But a person does not cease to be a Hindu or is not a less Hindu if he does not have faith in Hindu religion or does not practice or profess it. For instance, a child is born to Hindu parents and that child grows up to be an atheist ( does not believe in God at all).
But as he was born to Hindu parents, he still remains a Hindu, until. he converted himself into any other form of religion. So he is a follower of Hindu religion.
But as he was born to Hindu parents, he still remains a Hindu, until. he converted himself into any other form of religion. So he is a follower of Hindu religion.
In Shastri vs. Muldas, this case is related to Swami Narayan temple at Ahmedabad. There is a sect known as Satsangis who were managing the temple and they restrained the Non- Satsangis Harijans to enter the temple.
They argued that Satsangi is another religion and they are not bound by Hindu law. In this case, the Supreme court held that Satsangis, Aryasamajists and Radha soami all sects belong to Hindu religion because they originated under Hindu philosophy.
They argued that Satsangi is another religion and they are not bound by Hindu law. In this case, the Supreme court held that Satsangis, Aryasamajists and Radha soami all sects belong to Hindu religion because they originated under Hindu philosophy.
b) Converts and Reconverts to Hinduism:
A convert is a person who renounces his faith and adopts another. If a person of another religion like a Muslim, a Christian, a Parsi or a Jew converts into a Hindu, will be a Hindu by conversion.
The usual way of conversion is by undergoing the prescribed ceremony of conversion of that particular religion to which conversion is saught.
The usual way of conversion is by undergoing the prescribed ceremony of conversion of that particular religion to which conversion is saught.
Reconvert to Hinduism means once a Hindu person, converts himself into another religion and then he converts himself back to Hindu religion, he will be called as reconvert.
For instance, let's take a Sikh person converted himself into Muslim, but then again he converted himself into a Hindu or we can say that he reconverted himself into Hindu. However, it does not matter if he does not convert himself back to a Sikh, he may reconvert himself into a Jain or a Buddhist or a typical Hindu.
For instance, let's take a Sikh person converted himself into Muslim, but then again he converted himself into a Hindu or we can say that he reconverted himself into Hindu. However, it does not matter if he does not convert himself back to a Sikh, he may reconvert himself into a Jain or a Buddhist or a typical Hindu.
The Dharmashastra was silent in respect of conversion and reconversion. Among the Hindus, it is only the Arya Samajists who prescribed a ceremony of conversion, known as sudhi.
In Perumal vs. Poonuswami, Poonuswami' s father Perumal was a Hindu and married to an Indian Christian according to Hindu rites. But due to some differences, they were living separately.
When the mother asked Perumal for share of his property for son Poonuswami, Perumal denied and argued that a marriage between Hindu and Indian Christian must be regarded as void.
In this case, the Supreme court held that a bonafide intention is sufficient evidence of conversion, no formal ceremony of purification is needed.
When the mother asked Perumal for share of his property for son Poonuswami, Perumal denied and argued that a marriage between Hindu and Indian Christian must be regarded as void.
In this case, the Supreme court held that a bonafide intention is sufficient evidence of conversion, no formal ceremony of purification is needed.
Hindu by Declaration:
In Mohandas vs. Dewaswan Board, Jesudas, a Catholic Christian by birth and a famous playback singer who used to give devotional music in a Hindu temple and worshipped there like a Hindu.
He had also filed a declaration that he is a follower of the Hindu faith. The Kerala High court held that because his declaration is bonafide to accept the Hindu faith, thus he becomes Hindu by conversion.
He had also filed a declaration that he is a follower of the Hindu faith. The Kerala High court held that because his declaration is bonafide to accept the Hindu faith, thus he becomes Hindu by conversion.
2) Hindus by Birth:
Hindus by Birth are divided into two parts-
i) when both the parents are Hindus: Children born of Hindu parents are Hindu. No matter if the child grows up an atheist. Even if the child does not believe in God, he will still remain a Hindu until and unless he converts himself into any other religion. The emphasis is on birth.
If at the time of the birth both the parents were Hindus, the child is a Hindu. If after the birth of the child both or one of the parents become converted to another religion, the child will continue to be a Hindu child.
If at the time of the birth both the parents were Hindus, the child is a Hindu. If after the birth of the child both or one of the parents become converted to another religion, the child will continue to be a Hindu child.
ii) when one parent is Hindu: Under codified Hindu law,
* at the time of the birth of the child mother must be a Hindu.
* the child must be brought up as a Hindu.
Under the modern Hindu law, the child's religion is not necessarily that of the father. If the mother of the child at the time of the child's birth was a Hindu and the child was brought up as a Hindu, the child would be a Hindu.
In Sapna vs. State of Kerala, the child of a Hind mother and a Christian father was held to be a Christian. Court held that bringing up of the child is a necessary element.
3) Persons not Governed by Any Other Law:
In this category, we can include some Tribes and also Muslims and Christians in some aspects are governed by Hindu law.
Some tribes like Bhuryyahs, Jats of Assam; Kurmis, Mahtos, Santhals of Chotta Nagpur; Ezhuvas of Malabar; Jats and other tribal communities of Punjab were held to be Hindus and governed by Hindu law.
The Khojahas, the Cutchi Memons, the Bohars, Mopals and Halai Memons are Muslims but they are governed in matters of Inheritance and Succession by Hindu law or custom.
Scheduled Tribes
The provisions of codified Hindu law do not apply to the members of the Schedule tribes which come under clause (25) of Article 366 of the Constitution of India.
Hindu law is applicable upon them only when the Central Government by notification in the Official Gazette directs to do so.
0 Comments