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Elibrary datafile who is hindu

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Adv. Potla Sukhavani Rao

The document discusses the definition of who is considered Hindu under Hindu law in India. It notes that the term "Hindu" is not found in original religious texts but comes from the word for Indus River valley. Hindu law defines a Hindu as: I) Someone who practices Hinduism, Jainism, Sikhism, or Buddhism by religion, or someone who converts to these religions. II) Someone who is born to parents who are both Hindu, Buddhist, Sikh or Jain by religion. It also includes a child with one Hindu parent who is raised as Hindu. III) Someone who does not profess a non-Hindu religion like Christianity, Parsi, Judaism

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Who is Hindu? Term Hindu is not found in Dharamshastra. It is derived from the word Sindhu (Indus Valley). Greeks who called the inhabitants of Indus valley as indio later it become Hindu. Hindu law is a personal law so Hindu Law should define who is Hindu and upon whom Hindu law applies. The definition of the term Hindu is given under Section2 of The Hindu Marriage Act 1955, section 2 of The Hindu SuccessionAct 1956, and section 3 of Hindu Minority and Guardianship Act 1956 and section 2 of The Hindu Adoption and Maintenance act. All the definitions are almost similar. The term Hindu includes: I) Hindu by Religion: It includes any person who is Hindu, Jain , Sikh and Buddhist by religion & any person who is convert and reconvert to these Hindu religions. Any personwho is Hindu by religion irrespective of or regardless of its form or development including- Virashaiva Lingayat Follower of the Brahmo, Prarthana or Arya Samaj. A person of other faith, if converted to Hinduism becomes Hindu and Hindu law will be applied. Rattanji Morarji v. Adm-General of Madras ILR (1929) 52 Mad 160 Where an European lady converted to Hinduism by the ceremony of suddhi, she subsequently adopted Hindu name and married with a Hindu. The Court held that she was a Hindu. A person who reconverted to Hindu is also a Hindu Kusum v. Satya (1903)30 Cal 999 A Hindu boywas converted to Christianity and married with a Christian girl. After some time, boy reconverted to Hindu. II) Hindu by Birth : The child legitimate or illegitimate born to the family whose parents are both of Hindu religion i.e. Hindu, Bhuddist, Sikh and Jain. It includes:
It also includes the child one of whose parents is Hindu and who is brought up as a Hindu , Jain, Sikh or Buddist. In this situation boththe situations are to be fulfilled, then only the child wiil be a Hindu. III) Hindu by Negatively: It includes those persons who dontprofess non Hindu religion i.e. Christians, Parsi, Jew or Muslim and they are also not against the application of Hindu law on their personal matters so for the application of the law they are deemed Hindu.

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Elibrary datafile who is hindu

  • 1. Who is Hindu? Term Hindu is not found in Dharamshastra. It is derived from the word Sindhu (Indus Valley). Greeks who called the inhabitants of Indus valley as indio later it become Hindu. Hindu law is a personal law so Hindu Law should define who is Hindu and upon whom Hindu law applies. The definition of the term Hindu is given under Section2 of The Hindu Marriage Act 1955, section 2 of The Hindu SuccessionAct 1956, and section 3 of Hindu Minority and Guardianship Act 1956 and section 2 of The Hindu Adoption and Maintenance act. All the definitions are almost similar. The term Hindu includes: I) Hindu by Religion: It includes any person who is Hindu, Jain , Sikh and Buddhist by religion & any person who is convert and reconvert to these Hindu religions. Any personwho is Hindu by religion irrespective of or regardless of its form or development including- Virashaiva Lingayat Follower of the Brahmo, Prarthana or Arya Samaj. A person of other faith, if converted to Hinduism becomes Hindu and Hindu law will be applied. Rattanji Morarji v. Adm-General of Madras ILR (1929) 52 Mad 160 Where an European lady converted to Hinduism by the ceremony of suddhi, she subsequently adopted Hindu name and married with a Hindu. The Court held that she was a Hindu. A person who reconverted to Hindu is also a Hindu Kusum v. Satya (1903)30 Cal 999 A Hindu boywas converted to Christianity and married with a Christian girl. After some time, boy reconverted to Hindu. II) Hindu by Birth : The child legitimate or illegitimate born to the family whose parents are both of Hindu religion i.e. Hindu, Bhuddist, Sikh and Jain. It includes:
  • 2. It also includes the child one of whose parents is Hindu and who is brought up as a Hindu , Jain, Sikh or Buddist. In this situation boththe situations are to be fulfilled, then only the child wiil be a Hindu. III) Hindu by Negatively: It includes those persons who dontprofess non Hindu religion i.e. Christians, Parsi, Jew or Muslim and they are also not against the application of Hindu law on their personal matters so for the application of the law they are deemed Hindu.