Section 2 of Hindu Adoptions and Maintenance Act 1956 - Application of Act
Section 2 explains who is governed by the Hindu Adoptions and Maintenance Act, 1956. It covers Hindus in the statutory sense described below, expressly includes Buddhists, Jainas and Sikhs, contains rules concerning certain children and converts or reconverts, and provides specific exceptions.
Section 2 at a glance
- The Act applies to Hindus by religion, including the forms and movements specifically mentioned in Section 2.
- It also applies to Buddhists, Jainas and Sikhs.
- Section 2(1)(c) extends the Act to certain other persons who are not Muslim, Christian, Parsi or Jew, subject to the statutory test stated in that clause.
- The Explanation deals with children, abandoned children or children of unknown parentage, and converts or reconverts.
- Section 2(2) excludes members of Scheduled Tribes unless the Central Government directs otherwise by notification in the Official Gazette.
- A territorial modification excludes Renoncants of the Union territory of Pondicherry from the Act.
Text and meaning of Section 2
The following provision should be read with the Hindu Adoptions and Maintenance Act, 1956 as officially published and as amended or territorially modified from time to time.
2. Application of Act. - (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 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;
(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina or Sikh; 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.
(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.
(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.
Who is covered by Section 2?
Section 2 is wider than a reference only to a person who describes himself or herself as Hindu by religion. Sub-section (1) identifies the religious and statutory categories to which the Act applies, while sub-section (3) makes clear that the word "Hindu" elsewhere in the Act includes a person to whom the Act applies by virtue of Section 2.
Hindus, Buddhists, Jainas and Sikhs
Section 2(1)(a) covers a Hindu by religion in any of its forms or developments and expressly mentions Virashaivas, Lingayats and followers of the Brahmo, Prarthana or Arya Samaj. Section 2(1)(b) separately provides that the Act applies to Buddhists, Jainas and Sikhs.
Other persons covered by the statutory test
Section 2(1)(c) applies to a person who is not Muslim, Christian, Parsi or Jew unless it is proved that the person would not have been governed by Hindu law, or by a custom or usage forming part of that law, in respect of the matters dealt with by the Act if the Act had not been passed. Whether this clause applies in a disputed case can therefore depend on the facts and the legal test stated in the provision.
Children and conversion under the Explanation
The Explanation specifies circumstances in which a child is treated as Hindu, Buddhist, Jaina or Sikh for the purpose of the Act. It includes a child whose parents are within those religions; a child with one such parent who is brought up as a member of that parent's tribe, community, group or family; and an abandoned child or a child of unknown parentage who is brought up as Hindu, Buddhist, Jaina or Sikh. It also includes a person who converts or reconverts to one of those religions.
Scheduled Tribe exception under Section 2(2)
Section 2(2) begins with a non-obstante clause. Despite sub-section (1), the Act does not apply to members of a Scheduled Tribe within the meaning of Article 366(25) of the Constitution unless the Central Government directs otherwise by notification in the Official Gazette.
Renoncants and the Pondicherry modification
The official text records a territorial modification inserting sub-section (2A), under which the Act does not apply to Renoncants of the Union territory of Pondicherry. This modification should be considered where the special legal status of a Renoncant is relevant.
Meaning of "Hindu" in the rest of the Act
Section 2(3) is an interpretive provision. When the expression "Hindu" appears elsewhere in the Act, it includes not only a Hindu by religion but also a person to whom the Act applies by virtue of Section 2.
Current territorial position of the Act
The Hindu Adoptions and Maintenance Act, 1956 is Act No. 78 of 1956. Section 1 now states that the Act extends to the whole of India. The earlier words excluding the State of Jammu and Kashmir were omitted with effect from 31 October 2019.
Official legal resources
For authoritative verification, amendments and the official statutory text, consult the Government of India resources below.