The term “Hindu” is derived from the Sanskrit word “Sindhu,” which refers to the river Indus in present-day Pakistan. The term Hindu, therefore, was initially used to refer to the people who lived on the banks of the river Indus. However, over time, the term has come to refer to a much broader religious and cultural group in India. In this article, we will discuss the legal definition of the term “Hindu” in India and the various case laws that have helped shape this definition.
The term “Hindu” is not defined in the Constitution of India. However, the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and other laws related to Hindus provide a definition of the term. According to these laws, a Hindu is someone who is:
- A follower of Hinduism, Jainism, Buddhism, or Sikhism.
- Someone who is not a Muslim, Christian, Parsi, or Jew.
The definition of the term “Hindu” has been subject to various interpretations by the courts. The courts have also considered several factors to determine whether a person is a Hindu or not. Some of the significant factors considered by the courts include religion, customs, and family traditions.
In the landmark case of Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte (1996), the Supreme Court of India held that the term “Hindutva” is not synonymous with the term “Hinduism.” The court stated that Hindutva is a way of life and a state of mind, and it cannot be reduced to a narrow religious meaning. The court also held that the use of the term “Hindutva” during political campaigns does not violate the secular character of the Indian Constitution.
In another important case, S. Azeez Basha v. Union of India (1968), the Supreme Court held that a person who converts to another religion is no longer a Hindu. The court stated that conversion is an essential and irreversible process that changes a person’s religion and, therefore, his/her legal status.
Similarly, in the case of T.M.A. Pai Foundation v. State of Karnataka (2002), the Supreme Court held that a person who does not profess any religion can still be considered a Hindu if he/she follows Hindu customs and traditions.
The Supreme Court has also held that the term “Hindu” is not restricted to persons of Indian origin or nationality. In the case of S.P. Mittal v. Union of India (1983), the court held that a person of foreign nationality can also be considered a Hindu if he/she follows the Hindu religion and customs.
In conclusion, the legal definition of the term “Hindu” in India is broad and includes followers of Hinduism, Jainism, Buddhism, or Sikhism who are not Muslims, Christians, Parsis, or Jews. The courts have interpreted the term in various ways, considering factors such as religion, customs, and family traditions. The cases discussed above illustrate how the courts have contributed to shaping the definition of the term “Hindu” in India.
Author – Prakash Singh
BBA.LL.B – NSL, GNS University
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