Who is a Hindu? — The Statutory Test — KSLU Family Law 1 Notes

Who is a Hindu? — The Statutory Test

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    ROOT["Who is a Hindu? — Sec. 2, HMA 1955"]:::root
    ROOT --> A["By Religion<br/>(Hindu in any form, incl.<br/>Virashaiva, Lingayat, Arya Samaj)"]:::leaf
    ROOT --> B["By Statute<br/>(Buddhist, Jain or Sikh)"]:::leaf
    ROOT --> C["By Birth<br/>(One or both parents Hindu,<br/>child raised as Hindu)"]:::leaf
    ROOT --> D["By Conversion<br/>(Bona fide intention +<br/>community acceptance)"]:::leaf
    ROOT --> E["Residuary<br/>(Domiciled in India, not<br/>Muslim/Christian/Parsi/Jew)"]:::leaf

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Section 2, Hindu Marriage Act, 1955: “This Act applies — (a) to any person who is a Hindu by religion in any of its forms or developments… (b) to any person who is a Buddhist, Jain or Sikh by religion; and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion.”

In Simple Terms: A Hindu is (1) anyone who follows Hinduism in any form, (2) Buddhists, Jains, and Sikhs, and (3) anyone in India who is not a Muslim, Christian, Parsi, or Jew. The Supreme Court in Yagnapurushdasji v. Muldas (1966) confirmed Hinduism is “a way of life,” not a fixed dogma — keeping the definition broad and inclusive.