1.Who are Hindus? Persons to whom Hindu law does not apply?

Introduction:

In Dharmasastra there is no word such as ‘Hindu’. It is a foreign origin. The word

‘Hindu’ came into existence through Greeks who used to call the residence of
the Indus Valley nation as ‘Indoi’. Later it becomes a ‘Hindu’. This nation came
to be known as ‘Hindustan’ and its people as Hindu. In history, the word ‘Hindu’
not only indicates a religion, but it also indicates a nation basically. The Hindu
law has been modified through centuries and been also existing since last 5000
years and has also continued to govern the social and moral figure of Hindu life
by following the different elements of Hindu cultural life.

A person can be called as a Hindu, who:

• Is a Hindu by religion in any form.

• Is a Buddhist, Jaina or Sikh by religion.
• Is born from Hindu parents.
• Is not a Muslim, Parsi, Christian or Jews and are not governed under
Hindu law.
• Lodge in India.
The Supreme Court of India in the landmark case of Shastri vs Muldas expressly
defined the term ‘Hindu’. This case is related to the Swami Narayan temple in
Ahmedabad. There are a group of people called the Satsangi who were
managing the temple and they restricted non-Satsangi Harijans to enter the
temple. They argued that Satsangi is a different religion and they are not bound
by Hindu Law. The Supreme Court of India held that the Satsangi, Arya Samajis
and Radhaswami, all these belong to the Hindu religion because they are
originated under Hindu philosophy.

Hindu by Religion:

• If any person follows the religion by practising it or by claiming it can

be called as a Hindu.
Conversion and Reconversion to Hinduism:

• Under the codified Hindu law, any person if converted to Hinduism,

Buddhism, Jainism or Sikhism can be called as a Hindu.
 • From the case of Perumal vs poonuswami, we can say that a person
can be called a Hindu by conversion.
In this case, Perumal was the father of Poonuswami who got married to an
Indian Christian. In the future due to certain differences, they were living
separately. In the future, the mother of Poonuswami asked Perumal for the
share of his properties. Perumal denied and said “marriage between a Hindu
and a Christian is void”. The Supreme Court of India held that a real intention is
sufficient evidence of conversion and no formal ceremony of purification is
needed (Conversion of Hinduism). So it is not void and Poonuswami would get a
share.

• For conversion, the person should have a bonafide intention and also
shouldn’t have any reason to be converted.
• Reconversion basically happens, when a person is Hindu and gets
converted to a non-Hindu religion and he will again become Hindu if
he/she gets converted into any four religions of Hindu.
• If a person is born from a Hindu family, he/she is a Hindu.
• When one of the parents of a child is Hindu and he/she is brought up
as a member of the Hindu family, he/she is a Hindu.
• If a child is born from a Hindu mother and a Muslim father and he/she
is brought up as a Hindu then he/she can be considered as a Hindu. We
can explain that a child’s religion is not necessarily that of a father.
• The codified Hindu Law lays down that a person who is not a Muslim,
Parsi, Christian or Jews is governed by Hindu Law is a Hindu.
•
To whom Hindu Law does not apply?

1. To an illegitimate child whose father is a Hindu and mother is Christian

and the child is brought up as a Christian. Or also, the illegitimate child
of a Hindu father and a Mohammedan mother, because these children
are not Hindus either by birth or by religion.
2. To the Hindus who are converted to Muslims, Christians, Parsi or Jews.
3. To the Hindus who don’t follow the principles of Sastra.

4.To descendants of Hindus who have formed themselves into a distinct

community or sect with a peculiar religion and usages so different from the