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Section 3: Application of Act

Hindu Minority & Guardianship • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 2 All 13 Sections of Hindu Minority & Guardianship Section 4

Legal Commentary & Landmark Judgments: Section 3

Section 3 defines the personal applicability of HMGA, enumerating that it applies to any person who is a Hindu, Buddhist, Jaina, or Sikh by religion, while preserving the statutory exemption for Scheduled Tribes.

  • Religious Scope: Applies to any person who is a Hindu by religion in any form, including Virashaivas, Lingayats, and followers of Brahmo, Prarthana, or Arya Samaj.
  • Indic Faith Inclusion: Governs any person who is a Buddhist, Jaina, or Sikh by religion.
  • Negative Categorization: Applies to any child whose parents are Hindus/Buddhists/Jainas/Sikhs, or who is not a Muslim, Christian, Parsi, or Jew unless proved not to be governed by Hindu law.
  • Scheduled Tribe Exemption (Section 3(2)): Members of Scheduled Tribes within Article 366(25) are excluded unless the Central Government specifically notifies applicability in the Official Gazette.
Key Landmark Precedents:
  • Labishwar Manjhi v. Pran Manjhi (2000) 8 SCC 587: Held that where members of a Scheduled Tribe have abandoned ancient tribal usage and adopted Hindu customs and rituals, the statutory principles of Hindu personal law govern them.
  • Dr. Surajmani Stella Kujur v. Durga Charan Hansdah (2001) 3 SCC 13: The Supreme Court held that absent a Central Government Gazette notification under Section 3(2), tribal customs govern guardianship unless customary Hinduisation is strictly proved.
Courtroom Practice & Strategic Litigation Guidance:

In guardianship disputes involving indigenous or tribal families, examine whether the minor belongs to a notified Scheduled Tribe. If defending statutory guardianship, establish that the family follows Vedic rites and has abandoned tribal lineage rules.

Section 2 All 13 Sections of Hindu Minority & Guardianship Section 4