(I) Adherents of Hinduism: Hindu law applies to the person who is a follower of the Hindu religion. These include followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from that, it also applies to people who are followers of Buddhism, Jainism or Sikhism. In addition, it includes all people who are not followers of Islam, Christianity, Zoroastrianism or Judaism. A person is Hindu by birth under two conditions, i.e. if both parents are Buddhists, Sikhs, Jains or Hindus or if their parents are Hindus and the child is raised as a Hindu. It does not matter whether the child is a legitimate or illegitimate child. It also does not matter if the child, as an adult, has no faith in Hinduism or becomes an atheist, he would still be governed by Hindu laws. There are two other categories of people who are Hindu by religion, one is that they are originally Hindu, Sikh, Buddhist and Jain, and the other is that they have converted or reconverted into Hindus, Sikhs, Buddhists and Jains. In Rani Bhagwan Koer vs. JC Bose [3] (1903), it was stated that Jains, Buddhists and Sikhs were considered part of the Hindu religion even before the codified law.
As there are no separate laws for Sikhs, Buddhists and Jains, they are subject to Hindu law. It is a proven fact that every Hindu is subject to Hindu laws unless the person proves a local custom or ritual contrary to the provisions of Hindu law. It applies to both Aryan Hindus and non-Aryan Hindus. It was not necessary for non-Aryan Hindus to determine whether they accepted the law as set forth in the Smritis and commentaries. Thus, the Adi-Dravids and Chamars were considered Hindu. [7] This law applies only to all persons who are Hindus, Jaines, Sikhs and Buddhists, and not to Muslims, Christians, Parsis and Jews who are subject to any other law. This law applies only to the Hindu by birth or Hindu by religion. Section 2 of the Hindu Marriage Act 1955 describes all these things. Two persons are listed as “in the degree of prohibited relationship” if they are related to each other in the manner set out in section 3(g) of the Act. It was provided to prevent physical deformation of the breed or adverse consequences due to the. Marriage between the forbidden relationship. Such a marriage is null and void from the outset (§ 11).
At the same time, such a marriage may be declared null and void by a judgment of nullity by filing an application under section 11 of the Hindu Marriage Act. Levinson notes that Shruti and Smriti`s role in Hindu law is a source of guidance, and his tradition cultivates the principle that “the facts and circumstances of a particular case determine what is good or bad.” [39] Later Hindu texts contain four sources of the Dharma, Levinson says, including Atmanastushti (satisfaction of conscience), Sadachara (local norms of virtuous individuals), Smriti and Sruti. [39] [40] [41] The Hindu Succession Act 1956 (entered into force 17.6.1956) was the next part to come into force. He treats sons and daughters in the line of succession equally. In ancient Hindu legal texts, a number of Sanskrit words refer to aspects of law. [6] [23] [24] As mentioned in section 2 of the Act; the law applies to Lingayat, Virashiva, Brahmo, Arya Samaj, Jains, Buddhists, Sikhs and any person who has not proved that another customary law applies to them; It does not apply, strictly speaking, to Muslims, Christians, Parsis and Jews, nor to members of the tribe listed in the Annex referred to in Article 366(25) of the Constitution of India. In Collector of Madhura vs. Mottoo Ramalinga Sathupathy (1869), the Privy Council found that there was no uniformity in the observance of the law (as described in the Dharmashastras, commentaries and summaries written by various Hindu scholars) by Hindus throughout the empire. [44] The Court noted that the Hindu Marriage Act of 1955 was enacted to effectively govern Hindus through their own rules regarding marriage. This statue redefined and simplified the concept of Hindu marriage with the sense of past connectedness.
The 1937 right of Hindu women to property establishes the rights of the Hindu widow or her husband who dies without a will. In this case, widows are allowed to divide the property as that of a son. But interest in this property and the succession of Hindu women is of limited interest. Many changes in women`s property rights were brought about by the Hindu Succession Act of 1956. There are other religions that do not worship the Vedas, do not believe in the plurality of gods, have no meaning for Brahmins, do not follow the concept of Saptapadi, but are still considered Hindu, i.e. Jaines. In Boddaladi vs. Boddaladi, Kumaraswami Sastri, J. noted that “Jainism has its origin and history long before smrities. Jainism rejects the authority of the Vedas and rejects all ceremonies and rituals. Jainism does not believe in the existence of God.[2] They are considered Hindu because their root of origin is only in Hinduism. In the case of Rani Bhagwan Kaur, it was decided that mere deviation from orthodoxy does not mean that the individual ceases to belong to a Hindu.
They express that Shruti, Smriti and Achara are sources of jurisprudence and law. [34] The primacy of these sources is explained in the opening verses of each of the known surviving Dharma Sutras. For example[34] that in all proceedings concerning inheritance, marriage, caste and other religious customs or institutions, the law of the Qur`an with regard to the Mohammedans and that of the Shasters with regard to the Gentoos must be observed without exception. A minor cannot be the guardian of his property (Article 10) [1] Shashtri Yagnapurushadji v. Muldas Brudardas Vaishya 1966 SCR (3) 242 The source of the Dharma is the Veda as well as the tradition [Smriti] and practice of those who know the Veda. – Gautama Dharma-sūtra 1:1-1.2 This section removes the limited degree of relationships as stated in Smriti and is replaced by a new limited degree of relationships. For example, a person cannot marry his brother`s wife. However, this provision does not apply in the case of divorce and widows.
The most severe of all punishments was applied exclusively in the case of Shudras, while Brahmins were to receive little punishment for the same crime. Brahmins were also exempt from corporal punishment and the death penalty. They are two different issues. It is not necessary for a person who falls under Hindu law to be a Hindu. These two issues are, of course, simplified from time to time in various laws, successions and court judgments.