1. Concept of Hindu and Application to Hindu law
Topic Overview
1) Hindus by Birth
2) Off shoot of Hinduism
3) Person who are not Muslim, Chirstian, Paris or Jew
4) Convert to Hinduism
5) Reconversion to Hindu
- Word Hindu derived from the river Sindu also know as Indus which flows from Punjab, Word Sindu was pronounced as Hindu by Persians
- Aryans settled near the river Sindu were called Hindu
- Greek later on dropped the river the word ‘H’ and pronounce it as Indio which later came to know as India. No reference of term Hindu can be found in early Hindu scriptures
- Dr.S.Radhakrishna in his Hindu view of life said that “The people on the Indian side of Sindu river were called Hindu by Persians and later western invader.
- Hindu law is applicable to-
1) Hindus by Birth
When both parents are Hindu child weather legitimate or illegitimate will be treated as Hindu but if only one parents are Hindu child would be governed Hindu law provided that child has been brought up as Hindu
Myna boyee V. oataram 1861
A Christian Englishmen cohabited Hindu women who was deserted by her husband he had two illegitimate sons by her and C question arose by what law B and C governed
JUDGEMENT-Privacy council held that both children brought up as Hindu so should be governed by Hindu
2) Off shoot of Hinduism
Buddhism, Jainism and Sikhism are more or less offshoot of Hinduism.” Also know as child of Hinduism” were established by reformist religious who were themselves Hindu to start with. Buddhist, Jains and Sikh are governed by law Followers of Brahmo samaj, Prarthana Samaj and Arya Samaj and Arya samaj are deviated from orthodox Hinduism.
3) Person who are not Muslim, Chirstian, Paris or Jew
All person who are not Muslim, Christian, Parsi or Jew Hindu law applicable to all such person. Domicile is required in certain case for application of Hindu law
Raj kumar v. Barabara
a child born to Hindu father and Christian mother, not brought up as Hindu or Christian
Judgement-high court held that as there was nothing to show that child was bought up as a Christian, Parsi, Muslim or jew court held child was Hindu
4) Convert to Hinduism
Once it was thought “Hindu is born not Made “simply means one could not claim to governed by Hindu law by simply possessing Hinduism if not Hindu by birth this thought no longer relevant
A person not Hindu by birth may come under Hindu law by conversion
Ratansi moranji V. Adminstrator of General of Madras
Austrian lady converted to Hindu married a Hindu man dies leaving a will question arise whether will to be governed by which law
Court held –lady was fully devoted to Hinduism after conversion hence will to be governed by Hindu law
5) Reconversion to Hindu
A person Hindu converted to another religion after some time, fails to practice the religion, convert again to Hindu (reconversion)
Rajgopal v. Arunmugam
Appellant was Hindu (SC) converted into Christianity but continued practising Hinduism and shown his children as Hindu in school records and brought up as Hindu there was no formal reconversion
Judgement-When a person having faith in Hinduism he becomes Hindu for sure but if there is no recognition by the community then Hindu law may not be applicable