Section 2 HMA: Application of Act
Hindu Marriage Act, 1955
Section 2 HMA at a Glance
Section 2 HMA sets out who the Hindu Marriage Act, 1955 governs. The Act applies to Hindus, Buddhists, Jainas, and Sikhs by religion, and excludes Scheduled Tribes unless the Central Government directs otherwise by Official Gazette notification.
Section 2 HMA Bare Act Text
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 domiciled in the territories to which this Act extends 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; 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.
(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.
Section 2 HMA in Simple Words
Section 2 HMA defines the groups of people to whom the Hindu Marriage Act, 1955 applies. Under Section 2(1)(a) HMA, the Act applies 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. Under Section 2(1)(b) HMA, the Act also applies to any person who is a Buddhist, Jaina, or Sikh by religion.
Under Section 2(1)(c) HMA, the Act covers any other person domiciled in the territories to which the Act extends (India under Section 1(2) HMA) who is not a Muslim, Christian, Parsi, or Jew by religion. Section 2(1)(c) HMA sets one exception: the Act does not apply if it is proved that such a person would not have been governed by Hindu law, or by any custom or usage forming part of Hindu law, on any matter dealt with in the Act had the Act not been passed.
The Explanation to Section 2(1) HMA clarifies who is a Hindu, Buddhist, Jaina, or Sikh by religion. Clause (a) of the Explanation covers any legitimate or illegitimate child when both parents are Hindus, Buddhists, Jainas, or Sikhs by religion. Clause (b) covers any legitimate or illegitimate child when one parent is a Hindu, Buddhist, Jaina, or Sikh by religion and the child is brought up as a member of the tribe, community, group, or family to which that parent belongs or belonged. Clause (c) covers any person who converts or re-converts to the Hindu, Buddhist, Jaina, or Sikh religion.
Section 2(2) HMA carves out Scheduled Tribes despite anything in Section 2(1) HMA: nothing in the Act applies to members of any Scheduled Tribe within clause (25) of Article 366 of the Constitution unless the Central Government directs otherwise by notification in the Official Gazette (the government's official publication). Finally, Section 2(3) HMA states that the word "Hindu" anywhere in the Act includes every person to whom the Act applies under Section 2 HMA, even if that person is not a Hindu by religion.
When Section 2 HMA Applies
- Applies to any person who is a Hindu by religion in any form or development, including Virashaivas, Lingayats, and followers of the Brahmo, Prarthana, or Arya Samaj (Section 2(1)(a) HMA).
- Applies to any person who is a Buddhist, Jaina, or Sikh by religion (Section 2(1)(b) HMA).
- Applies to any other person domiciled in India who is not a Muslim, Christian, Parsi, or Jew by religion, unless proved that the person would not have been governed by Hindu law or custom on matters in the Act before the Act was passed (Section 2(1)(c) HMA).
- Treats a legitimate or illegitimate child as a Hindu, Buddhist, Jaina, or Sikh when both parents belong to those religions, or when one parent belongs to one of those religions and the child is brought up as a member of that parent's tribe, community, group, or family (Explanation (a) and (b) to Section 2(1) HMA).
- Treats any convert or re-convert to the Hindu, Buddhist, Jaina, or Sikh religion as belonging to that religion (Explanation (c) to Section 2(1) HMA).
- Excludes members of Scheduled Tribes within clause (25) of Article 366 of the Constitution unless the Central Government directs otherwise by notification in the Official Gazette (Section 2(2) HMA).
Example of Section 2 HMA
When Section 2 HMA Does Not Apply
- Members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution, unless the Central Government directs otherwise by notification in the Official Gazette (Section 2(2) HMA).
- Persons who are Muslims, Christians, Parsis, or Jews by religion under Section 2(1)(c) HMA.
- Persons otherwise covered by Section 2(1)(c) HMA where it is proved that such persons would not have been governed by Hindu law, or by any custom or usage forming part of Hindu law, on matters dealt with in the Act had the Act not been passed.
FAQs on Section 2 HMA
What is Section 2 HMA?▼
Section 2 HMA specifies the persons to whom the Hindu Marriage Act, 1955 applies, including Hindus, Buddhists, Jainas, and Sikhs by religion, certain other persons domiciled in India, and converts. Section 2 HMA also excludes Scheduled Tribe members unless the Central Government notifies otherwise in the Official Gazette, and defines the word "Hindu" across the Act to cover everyone within Section 2 HMA.
Does the Hindu Marriage Act, 1955 apply to Buddhists, Jainas, and Sikhs?▼
Yes. Section 2(1)(b) HMA applies the Act to any person who is a Buddhist, Jaina, or Sikh by religion, and Section 2(3) HMA states that the word "Hindu" throughout the Act includes all such persons.
Does the Hindu Marriage Act, 1955 apply to members of Scheduled Tribes?▼
No, unless the Central Government notifies otherwise. Under Section 2(2) HMA, nothing in the Act applies to members of any Scheduled Tribe within clause (25) of Article 366 of the Constitution unless the Central Government directs otherwise by notification in the Official Gazette.
Does Section 2 HMA cover a child when only one parent is a Hindu, Buddhist, Jaina, or Sikh?▼
Yes, if the upbringing condition in the Explanation to Section 2(1) HMA is met. Under clause (b) of the Explanation, a legitimate or illegitimate child with one Hindu, Buddhist, Jaina, or Sikh parent is covered if brought up as a member of the tribe, community, group, or family to which that parent belongs or belonged.
Does the Hindu Marriage Act, 1955 apply to converts to Hinduism, Buddhism, Jainism, or Sikhism?▼
Yes. Under clause (c) of the Explanation to Section 2(1) HMA, any person who is a convert or re-convert to the Hindu, Buddhist, Jaina, or Sikh religion counts as a Hindu, Buddhist, Jaina, or Sikh by religion under the Act.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·