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Hinduism
Constitution of India 1950, Articles 14 to 17 and 341 & Constitution (Scheduled Castes) Order 1950, Para 3. Persons belonging to Schedule Caste – Conversion to Christianity Disentitlement to benefit of constitutional provisions relating to Schedule Castes – Whether legal, valid and constitutional.= PETITIONER: SOOSAI ETC. Vs. RESPONDENT: UNION OF INDIA AND OTHERS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=9179
ACT: Constitution of India 1950, Articles 14 to 17 and 341 & Constitution (Scheduled Castes) Order 1950, Para 3. Persons belonging to Schedule Caste – Conversion to Christianity Disentitlement to benefit of constitutional provisions relating to Schedule Castes – Whether legal, valid and constitutional. HEADNOTE: The Government of India set up a special Central Assistance … Continue reading
ACT: Hindu Law-Hindu embracing another religion-whether retains original cast. On reconversion to Hinduism-Whether performance of any particular ceremony or expiatory rites necessary. Representation of the people Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu Adi Dravida (scheduled cast) on reconversion to Hinduism belongs to scheduled castes. HEADNOTE: The first respondent was elected to the Lok Sabha from a constituency which was reserved for the Scheduled Castes, The appellant challenged the election of the first respondent on the ground that he was not a member of the Scheduled Castes. The election Tribunal found that the first respondent belonged to the Scheduled Caste and upheld the election. Hence this appeal. The appellant urged that the parents and the sisters of the respondent were shown to be Christians and the respondent was born a Christian and there was no way he could acquire a caste and become an Adi Dravida on conversion to Hinduism. Dismissing the appeal. ^ HELD: At all relevant time, the first respondent was a Hindu Adi Dravida and professed no religion other than Hinduism. The precedents particularly those from South India, clearly establish that no particular ceremony is prescribed for reconversion to Hinduism of a person who had earlier embraced another religion. Unless the practice of the Caste makes it necessary no expiatory rites need be performed and, ordinarily, he regains this caste unless the community does not accept him. In fact, it may not be accurate to say that he regains his caste, it may be more accurate to say that he never lost his caste in the first instance when he embraced another religion. The practice of caste however irrational it may appear to our reason and however repugnant it may appear to our moral and social sense, is so deeprooted in the Indian people that its mark does not seem to disappear on conversion to a different religion. If it disappears, it disappears only to re 974 appear on reconversion. The mark of caste does not seem to really disappear even after some generations after conversion. [981A-C] Administrator-General of Madras v. Anandachari & Ors. ILR 9 MADRAS 466, Muthusami Mudalia & Anr. v. Masilamani & Ors. ILR 33 MADRAS 342, Gurusami Nadar v. Irulappa Konar, 67 MADRAS LAW JOURNAL 399, Ramayya v. Mrs. Josephine Elizabeth, AIR 1937 MAD 172, Goona Durgaprasad Rao v. Sudarsanaswami, ILR 1940 MAD 653, Rajgopal v. Armugon & Ors. [1969] I SCR 254, Rajgopal v. Armugam [1969] I SCR 254, Perumal Nadar v; Ponnuswami [1971] I SCR 49, Vermani v. Vermani AIR 1943 LAHORE 51 and Chatturbhuj Vithaldas Jasani v. Moreshwer Parashram & Ors.[1954] SCR 817, referred to.= PETITIONER: S. ANBALAGAN Vs. RESPONDENT: B. DEVARAJAN & ORS.= published in http://judis.nic.in/supremecourt/imgst.aspx?filename=9653
ACT: Hindu Law-Hindu embracing another religion-whether retains original cast. On reconversion to Hinduism-Whether performance of any particular ceremony or expiatory rites necessary. Representation of the people Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu Adi Dravida (scheduled cast) on reconversion to Hinduism belongs to scheduled castes. HEADNOTE: The first respondent … Continue reading
Hindu Law–Marriage between Hindu and former Christian–Proof of conversion to Hinduism–No formal purification ceremony necessary–Bona fide intention accompanied by unequivocal conduct sufficient. Madras Hindu (Bigamy Prevention and Divorce) Act 6 of 1949- Act applicable only to those domiciled in Madras. Indian Evidence Act 1 of 1872, s. 112–Presumption as to legitimacy of child. =One Perumal Nadar, a Hindu, married Annapazham, daughter of an Indian Christian, on November 29, 1950 at Kannimadam in the State of Travancore-Cochin according to Hindu rites. Of the two children born of the marriage one died. The younger child, a son born in 1958, acting through his mother, the afoResaid Annapazham, as his guardian, filed an action in the Court of the Subordinate Judge, Tirunelveli, for separate possession of a half share in the properties of the joint family held by his father Perumal. The ‘suit was defended by Perumal. The trial court decreed the suit and the High Court confirmed the decree. In appeal to this Court by certificate Perumal, the appellant, contended : (i) that Annapazham was an Indian Christian and a marriage between a Hindu and an Indian Christian must be regarded as void; (ii) that the marriage was invalid because the appellant was already married .before he married Annapazham and bigamous marriages were prohibited by Madras Act 6 of 1949; (iii) that the appellant and Annapazham were living apart for a long time before the birth of the plaintiff and on that account the plaintiff could not be regarded as a legitimate child of the appellant. HELD : (i) The question whether marriage between a Hindu male and a Christian female is valid or not did not arise for consideration in the present case because the finding of the Courts below that Annapazham was converted to Hinduism before her marriage with Perumal was amply supported by evidence. [52 D-E] A person may be a Hindu by birth or conversion. A mere theoretical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism. But a bona,fide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion. No formal ceremony of purification or expiration is necessary to effectuate conversion. [52 E-F] Muthusami Mudaliar v. Musilamani alias Subramania Mudaliar I.L.R. 33 Mad. 342 and Goona Durgaprasada Rao v. Goona Sudarasanaswami, I.L.R. (1940) Mad. 653, referred to. The evidence in the present case established that the parents of Annapazham arranged the marriage. The marriage was performed 50 according to Hindu rites and ceremonies in the presence of relatives who were invited to attend : customary ceremonies peculiar to a marriage between Hindus were performed : no objection was raised to the marriage and after the marriage Annapazham was accepted by the local Hindu Nadar community as belonging to the Hindu faith; and the plaintiff was also treated as a Hindu. On the evidence there could be no doubt that Annapazham bona fide intended to contract marriage with Perumal. Absence of specific expiatory or purificatory ceremonies would not be sufficient to hold that she was not converted to Hinduism before the marriage ceremony was performed. The fact that the appellant chose to go through the marriage ceremony according to Hindu rites with Annapazham in the presence of a large number of persons clearly indicated that he accepted that Annapazham was converted to Hinduism before the marriage ceremony was performed. [53 C-E] (ii) On the facts and pleadings the High Court was right in holding that it was not proved that the appellant was domiciled in the State of Madras at the date of his marriage with Annapazham. He could not therefore rely upon the provisions of the Madras Hindu (Bigamy Prevention and Divorce) Act 6 of 1949. [54 F] (iii) There was a concurrent finding by the courts below that there was no evidence to establish that the appellant living in the same village as Annapazham had no access to her during the time when the plaintiff could have been begotten. Therefore, in view of s. 112 of the Indian Evidence Act it could not be held that the plaintiff was an illegitimate child. [55 A-B] Chilukuri Venkateswarlu v. Chilukuri Venkatanarayana, [1954] S.C.R. 425, Karapaya v. Mayandi, I.L.R. 12 Rang. 243 (P.C) and Ammathayee v. Kumaresain, [1967] 1 S.C.R. 363, applied. =1971 AIR 2352, 1971( 1 )SCR 49, , ,
PETITIONER: PERUMAL NADAR (DEAD) BY L.R.S. Vs. RESPONDENT: PONNUSWAMI DATE OF JUDGMENT: 17/03/1970 BENCH: SHAH, J.C. BENCH: SHAH, J.C. HEGDE, K.S. GROVER, A.N. CITATION: 1971 AIR 2352 1971 SCR (1) 49 ACT: Hindu Law–Marriage between Hindu and former Christian–Proof of conversion to Hinduism–No formal purification ceremony necessary–Bona fide intention accompanied by unequivocal conduct sufficient. Madras … Continue reading
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