2. In the last of this lecture we will be
able to understand the following
points,
• Meaning of the term "Hindu".
• Application of Hindu Law / who are Hindus?
• Non applications of Hindu Law
3. Meaning of the term "Hindu".
This word Hindu is derived from the Indo-
Aryan and Sanskrit word Sindhu, which means
"a large body of water", covering "river,
ocean".
The term “Hindu” was first used by people
outside of the tradition (particularly by the
Greeks and the Persians) to refer to people
who reside beyond the Indus/Sindhu River.
5. Because the Persians could not pronounce the
letter "S" correctly in their native tongue and
mispronounced it as "H." Thus, for the ancient
Persians, the word "Sindhu" became "Hindu."
The word "Hindu" as a geographic name
rather than a religious, but now it has become
religious too...
6. Application of Hindu Law / who are
Hindus?
Hindus are considered to be majority of Indian
population. However, there is no precise
definition for the term Hindu in any statute or
judicial pronouncement.
In its ambit section 2 of Hindu Marriage Act
1955 includes,
• Hindu by Religion
• Hindu by Birth
7. Hindu by Religion :
Two type of person fall under this category :
a) who are original Hindus sec 2 (1) (a) ,
Jains,Sikhs Buddhist by religion sec 2 (1) (b)
b) Those who are converts or reconverts to
Hindu, Jain, Sikh or Buddhist religion sec 2
explanation (c).
8. Sec 2. Read as follows :
(1) This Act applies
a) to any person who is a Hindu by religion in
any of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the
Brahmo, Prarthana or Arya Samaj,
b) to any person who is a Buddhist, Jaina or
Sikh by religion, and
Explanation (c) any person who is a convert or re-
convert to the Hindu, Buddhist, Jaina or Sikh
religion.
9. Hindu by Birth :
Under Hindu law person will be a Hindu
a) If he is born of Hindu parents (when both
parents are Hindu) or
b) If he is born to a Hindu parent (one of the
parents is Hindu) and he is brought up as a
Hindu
10. When both parents are Hindu,
Both parents are
Hindu, Sikh, Jain or
Buddhist
If at the time of the
birth both the
parents were
Hindus, the Child is
Hindu.
if after the birth of the child both or one of the parents
become convert to another religion the child will be
continued to be a Hindu child unless in the exercise of
parental right that the child is also convert into the
religion in which the parent or parents have converted.
11. When one parent is Hindu
A person will be Hindu if the following conditions are
satisfied
1. at the time of his birth one of the parents was
Hindu and
2. he is brought up as a member of the
community,or the family to which Hindu parents
belong at the time of the birth of the child.
Hindu mother
+
Muslim Father
Child is brought up as a Hindu
The child would be a Hindu
12. Non application of Hindu Law
1. The Hindu Marriage Act does not apply to
Muslims Christians Parsis or Jews,
2. The Hindu Marriage Act does not apply to the
scheduled tribes unless the central government
by notification in the official gazette direct so.
Most of the scheduled tribes are still governed by
customs.