HINDUS ARE BORN AS WELL AS MADE MEANING, MODES, TESTS AND LEADING CASE LAWS-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

HINDUS ARE BORN AS WELL AS MADE

MEANING, MODES, TESTS AND LEADING CASE LAWS-

Tanmoy Mukherji

Advocate

A person may become a Hindu either by birth, or by conversion to Hinduism, or by reconversion to Hinduism. Hindu status is therefore not confined exclusively to persons born to Hindu parents.

CONCEPT-

STATUTORY BASIS-

Section 2, Hindu Marriage Act, 1955

This Act applies to any person who is a Hindu by religion in any of its forms or developments, and also to-

→any person who is a convert or reconvert to the Hindu religion.

→a child of such a convert or reconvert.

Similar language is found in other codified Hindu laws (HSA, HUF, Adoption & Maintenance Act).

HINDU BY BIRTH-

"Religion and caste are not the same."

HINDU BY CONVERSION ("MADE HINDU")-

TEST OF CONVERSION-

No single test is always conclusive. The Court looks at the totality of facts and circumstances.

✓ Genuine intention

✓ Renunciation of former faith

✓ Profession of Hindu faith

✓ Conduct consistent with Hinduism

✓ Hindu rites and ceremonies

✓ Hindu mode of life

✓ Community acceptance

✓ Formal purification ceremony not invariably necessary

✓ Mere theoretical allegiance is not enough

✓ Bare declaration is not enough.

HINDU BY RECONVERSION-

IMPORTANT POINTS-

✓Genuine intention to abandon other religion and return.

✓Conduct showing acceptance of Hinduism.

✓Community acceptance is important, especially in matters of caste status.

✓No universally prescribed ceremony for reconversion.

✓Not every caste may insist on particular rites of purification.

✓Depending on facts, formal ceremony may not be essential.

CONVERSION vs RECONVERSION vs CASTE STATUS-

PARTICULARLY IN MATTERS OF SCHEDULED CASTE STATUS-

→Must prove caste ancestry.

→Must prove reconversion.

→Must prove acceptance by the caste/community.

→Merely becoming Hindu is not enough for SC status.

FACTORS CONSIDERED BY COURTS-

LEADING CASE LAWS-

Case Name	Citation	Key Principle	Relevance
Perumal Nadar (Dead) by LRs v. Ponnuswami	(1970) 1 SCC 605 AIR 1971 SC 2352	A person may be Hindu by birth or by conversion. Conversion can be proved by bona fide intention and unequivocal conduct. No particular ceremony of purification is invariably necessary.	Leading authority for the proposition "Hindus are born as well as made".
Mohandas v. Devaswom Board	1975) 3 SCC 246 AIR 1975 SC 1339	Acceptance of Hinduism can be inferred from genuine profession of Hindu faith and conduct consistent with Hinduism.	Supports principle of conversion without rigid formalities.
Kailash Sonkar v. Maya Devi	(1984) 2 SCC 91 AIR 1984 SC 1582	Reconversion to Hinduism and revival of original caste status discussed. Intention + acceptance by community is significant.	Important on reconversion and caste restoration.
S. Anbalagan v. B. Devarajan	(1984) 2 SCC 112 AIR 1984 SC 600	No universally prescribed ceremony for reconversion. Unless caste practice insists, intention + acceptance rites does not defeat reconversion.	No fixed ritual required for reconversion.
K.P. Manu v. Chairman, Scrutiny Committee	(2015) (Constitution Bench) AIR 2024 SC 4309	For SC status after reconversion, must establish: caste ancestry + reconversion + community acceptance.	Distinguishes religion from caste status in constitutional context.

 

ESSENCE-

Thus, Hinduism may be acquired by birth as well as by conversion and reconversion.

Hence the proposition: "HINDUS ARE BORN AS WELL AS MADE."