Introduction to Hindu Law
By : IQBAL
New Delhi :- Introduction to Hindu Law
Hindu law has a deep connection with Philosophy and Religion which is the gift of sociologist saints, but Hindi law does not consider law as the gift of sovereign.
Hindu law sources according to Manu
- Veda
- Memory
- virtue
- Loved ones
According to Manu,
- Punishment rules the subjects
- Punishment only protects people
- The punishment keeps awake even when people go
- Scholars have considered punishment as a religion
According to Henry Mann, where fear is there, it can be ruled without fear.
The first feature of Hindu law is that punishment has been adopted as religion.
In Hinduism, law is placed in the first place. The basis of religion is considered to be the pillar method.
Lord Krishna said in the Gita.
य: शास्त्र विधि मुत्सरज्या वर्तते कामकरत:
न स सिद्धि मवापनोती न सुख न परांगतिम :
Hindu law is not lex lacy (local law) which will apply to any Hindu wherever he is it is an individual method.
The Hindu method was divided into four varns (part)
- Brahmin
- Kshatriya
- Vaishya
- Shudra
The first one was considered superior, the other three varnas were considered second.
Main Point
People coming from religious conversion join Shudra
In Shyamsundar v. Shankar AIR 1960, it was stated that there are two opinions in Hindu law.
God given
Evolved from stereotypes and practices
but valid belief is God.
Who are hindu
Whom people know as hindu
Those who consider him as a Hindu, who is a moderate liberal, pagan Aishish Varvadi
Main case,
Yaaghpurusha v. Mool Das AIR 1966,
Justice Gajendra Gadkar said that
The Aryans settled on the Indus river plain in India, they were called Sendhava and later Hindus.
Respecting the Vedas
Believe in polytheism
Attain salvation by virtue
In the case of Shri Bhagwanpur v. Jagadish Chandra Bose 1909 Privy Council. it has been determined that if a Hindu deviates from his Hindu religion or does not follow the principles of fundamentalism . he starts eating beef. He will not become non-Hindu. To be non-Hindu, it is necessary to convert.
Abraham v. Abraham 1909 Privy Council In this case it has been arranged that Hindu originates from birth and Hindu can also be formed by conversion.
Peruman v. Punnaswamy AIR 1971 SC
The Supreme Court ruled that if a person has voluntarily embraced Hinduism, he is considered a Hindu by the people of Hinduism in which case he becomes a Hindu even if he has not performed religious rituals.
Mohandas Vs Devsom Board AIR 1975 There was a person named Jedudas in the state of Kerala. He used to perform devotional music in temples and Jedudas adopted Hinduism by giving a declaration in the court. The court said that Jedudas is Hindu.
To whom does the Hindu law apply
According to Section 2 of the Hindu Marriage Act 1955, this act applies to the following people
He who is born Hindu
Be converted to Hinduism by conversion to Hinduism
Such child whose parents are both Hindus would be presumed that their child is Hindu.
If the father is a Christian mother Hindu, a child born to a child is raised in a Hindu family, such child would be considered a Hindu.
Any person who is a Buddhist Jain Sikh shall be considered a Hindu.
All such persons who live in tribal areas are not Muslim, Christian, Jewish, and have an inhabited area in India and no other law is applicable to them, then such persons will be called Hindus.
According to sub-section (2) of section 2, Hindu law shall not apply to the members of a Scheduled Tribe, unless the notification is made in the Central Government Gazette by notification .
Such a description has been given by Article 366 (25) of the Constitution its main case [Surajmani Stella vs Durgacharan Hasda]
