Question

Who is a hindu according to indian constitution?

Answer 1

The Republic of India is in the peculiar situation that the Supreme Court ofIndia has repeatedly been called upon to define "Hinduism" because theConstitution of India, while it prohibits "discrimination of any citizen" on grounds of religion in article 15, article 30 foresees special rights for "All minorities, ...




What is Hindu according to the Constitution of India?


, Socio-legal Activist at HUM- Human Upliftment Movement (2017-present)


The Constitution of India does not define the tern “Hindu”; for its legal definition we have to look into the judgements of Supreme Court of India, High Courts and Modern Hindu Personal Laws(Hindu codes/acts):

Any person who is not a Muslim, Christian, Parsi or Jew is a Hindu unless it is proved that he may not have dealt with the instance with hindu customs,rites and rituals of this act.

Any person who is a Buddhist, Sikh or Jain.

Any person belonging to any developments or forms of Hinduism like Brahmo, Prarthana or Arya Samaj, Virashiva, Lingayat, etc.

Scheduled Tribes are not Hindus unless Central Goverment directs so by notification in official gazette.

*NOTE:- The Hindu Marriage Act, 1955- Section 2.

The Hindu Succession Act, 1956- Section 2.

The Hindu Minority and Guardianship Act, 1956- Section 3.

The Hindu Adoption and Maintenance Act, 1956- Section 2.

Answer 2

The Republic of India is in the peculiar situation that the Supreme Court of India has repeatedly been called upon to define "Hinduism" because the Constitution of India, while it prohibits "discrimination of any citizen" on grounds of religion in article 15, article 30 foresees special rights for "All minorities