Section 2: Application of Act

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

Legal Commentary & Landmark Judgments: Section 2

Section 2 defines the personal applicability of the Hindu Adoptions and Maintenance Act, 1956, delineating who is governed as a Hindu, Buddhist, Jaina, or Sikh, and establishing the statutory exemption for Scheduled Tribes.

  • Statutory Enumeration: Applies to 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.
  • Inclusion of Indic Religions: Explicitly governs any person who is a Buddhist, Jaina, or Sikh by religion, treating them within the personal scope of the Act.
  • Negative Categorization: Applies to any person residing in India who is not a Muslim, Christian, Parsi, or Jew by religion, unless proved not to be governed by Hindu law.
  • Scheduled Tribe Exemption (Section 2(2)): Expressly excludes members of any Scheduled Tribe within Article 366(25) of the Constitution unless the Central Government notifies applicability in the Official Gazette.
Key Landmark Precedents:
  • Labishwar Manjhi v. Pran Manjhi (2000) 8 SCC 587: The Supreme Court held that where members of a Scheduled Tribe have abandoned their tribal customs and accepted Hindu social practices and religious rites, the codified Hindu law applies to their property and family matters.
  • Dr. Surajmani Stella Kujur v. Durga Charan Hansdah (2001) 3 SCC 13: Affirmed that absent a Central Government notification under Section 2(2), members of a Scheduled Tribe cannot invoke statutory provisions of Hindu personal law unless an ancient tribal custom having the force of law is proven.
Courtroom Practice & Strategic Litigation Guidance:

When representing litigants from tribal backgrounds, verify if a Section 2(2) objection is raised. If defending adoption or maintenance, plead and prove Hinduisation through Vedic rituals, temple worship, and departure from tribal customary rules.