Hindu Marriage Act, Section 2: Application of Act
Code:
(1) This Act applies—
(a) To any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat, or a follower of the Brahmo, Prarthana, or Arya Samaj,
(b) To any person who is a Buddhist, Jaina, 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, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation
The following persons are Hindus, Buddhists, Jainas, or Sikhs by religion, as the case may be:
(a) Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas, or Sikhs by religion;
(b) Any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina, or Sikh by religion and who is brought up as a member of the tribe, community, group, or family to which such parent belongs or belonged; and
(c) Any person who is a convert or re-convert to the Hindu, Buddhist, Jaina, or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
Explanation:
This section defines who is covered by the Hindu Marriage Act. It outlines the applicability of the Act based on religion and domicile.
- Applicability based on religion:
- (a) Hindus: The Act applies to individuals who identify as Hindus, including various sub-sects like Virashaiva, Lingayat, Brahmo, Prarthana, and Arya Samaj.
- (b) Buddhists, Jains, and Sikhs: Individuals following these religions are also covered under the Act.
- (c) Other domiciled individuals: Persons domiciled in India who are not Muslim, Christian, Parsi, or Jew are covered, unless they prove they would not have been governed by Hindu law if the Act hadn’t been passed.
- Explanation: The section further clarifies the definition of “Hindu,” “Buddhist,” “Jain,” and “Sikh” by specifying:
- (a) Children of parents belonging to these religions: Legitimate or illegitimate children of parents who are Hindus, Buddhists, Jains, or Sikhs are considered members of the respective religion.
- (b) Children brought up in the religion: A child of one parent belonging to these religions, who is brought up as a member of that parent’s community or family, is also considered a member of that religion.
- (c) Converts or re-converts: Individuals who convert or re-convert to any of these religions are covered by the Act.
- (2) Scheduled Tribes: This subsection states that the Act doesn’t apply to members of Scheduled Tribes, as defined in the Constitution, unless the Central Government specifically directs otherwise.
- (3) Inclusive definition of “Hindu”: This subsection clarifies that the term “Hindu” in the Act includes individuals who, while not following Hinduism, are covered by the Act due to other provisions in the section.
Illustration:
A child born to a Sikh mother and a Hindu father, who is raised as a Sikh, will be considered a Sikh and thus covered by the Hindu Marriage Act. However, a member of a Scheduled Tribe may not be covered by the Act unless the Central Government decides otherwise.
Common Questions and Answers:
Q: Does the Act apply to someone who practices Hinduism but doesn’t identify as a Hindu?
A: While the Act applies to individuals who identify as Hindus, there is no strict requirement for religious practice. Someone who considers themselves a Hindu, even if they don’t actively practice, would likely be covered.
Q: Can a Christian convert to Hinduism and be governed by the Act?
A: Yes, a convert to Hinduism would be covered by the Act. However, the marriage might be subject to specific requirements or customs depending on their individual circumstances.
Q: If someone is not a Hindu, Buddhist, Jain, or Sikh, but lives in India, are they covered?
A: Yes, if they are domiciled in India and are not a Muslim, Christian, Parsi, or Jew, they are generally covered, unless they can prove they wouldn’t have been governed by Hindu law before the Act.
