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HINDU LAW — COMPREHENSIVE NOTES

Topic 87

Hindu Law Applicable to Buddhists, Jains, Sikhs

Miscellaneous & Cross-Cutting Topics

Relevant Sections: S.2 HMA/HSA/HAMA/HMGA

Priority: MEDIUM | Exam Relevance: DJS/PCS-J

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Hindu Law Applicable to Buddhists, Jains, Sikhs

1. The Statutory Definition of ‘Hindu’

The four principal Hindu law statutes — HMA 1955, HSA 1956, HAMA 1956, and HMGA 1956 — each contain an identical definition of ‘Hindu’ in their Section 2. Under this definition, ‘Hindu’ includes:

• Any person who is a Hindu by religion in any of its forms or developments (including Virashaivas, Lingayats, and followers of Brahmo, Prarthana, or Arya Samaj)
• Any person who is a Buddhist, Jain, or Sikh by religion
• Any person domiciled in India who is NOT a Muslim, Christian, Parsi, or Jew (the residuary clause)

2. Why Are Buddhists, Jains, and Sikhs Included?

The inclusion is based on historical, cultural, and jurisprudential grounds. Buddhism, Jainism, and Sikhism are regarded as religions that originated from the Hindu civilizational milieu and share common cultural roots. The Constituent Assembly and Parliament took the pragmatic view that these communities had historically been governed by Hindu law customs and it was simpler to include them within the codified Hindu law framework rather than create separate codes.

3. Extent of Application

A. Full Application

All provisions of the HMA, HSA, HAMA, and HMGA apply to Buddhists, Jains, and Sikhs in the same manner as they apply to Hindus. There is no separate or modified regime — the same statutory framework governs all.

B. Custom-Based Deviations (S.3(a) HMA)

However, custom and usage recognized under S.3(a) HMA can modify the application of statutory provisions. If a particular Buddhist, Jain, or Sikh community has a custom that is continuous, uniform, certain, and not opposed to public policy, that custom prevails over the statutory provision. For instance: Sikh marriages are typically solemnized under the Anand Marriage Act, 1909 (as amended in 2012), though they can also be solemnized under the HMA.

4. Special Provisions

A. Sikh Marriages — Anand Marriage Act, 1909

Sikhs have the option of solemnizing their marriage under the Anand Marriage Act, 1909 (amended 2012), which recognizes the ‘Anand Karaj’ ceremony as a valid form of marriage. However, they can also marry under the HMA. For purposes of divorce, maintenance, and succession, the HMA and related Acts apply regardless of which ceremony was used.

B. Jain Practices

Jains follow specific customs regarding marriage ceremonies, dietary restrictions, and religious practices. While the HMA governs their marriage and divorce, Jain customs on ceremonies and rituals are recognized under S.7 HMA.

C. Buddhist Practices

Neo-Buddhists (followers of Dr. B.R. Ambedkar’s conversion movement) are governed by Hindu law statutes. However, they may invoke Buddhist customs where applicable.

5. Exclusions

• Scheduled Tribes: Under S.2(2) of all four Acts, members of Scheduled Tribes are excluded UNLESS the Central Government notifies otherwise. This means even if a tribal person is Buddhist, Jain, or Sikh, the Acts may not apply if the person is a member of a Scheduled Tribe.
• Conversion Out: If a person born as a Buddhist, Jain, or Sikh converts to Islam, Christianity, or Judaism, they cease to be governed by Hindu law (though S.26 HSA rules on succession still apply to post-conversion children).

6. Key Case Law

7. Comparative Table

8. Exam Tips

— End of Topic 87 —

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