Samavesha Religious And Customary Diversity And Its Erosion Under Hindu Personal Law
- IJLLR Journal
- 5 days ago
- 1 min read
Asst. Prof. Amritha Sureshkumar, CMR University School of Legal Studies
Anoushka Girish, CMR University School of Legal Studies
ABSTRACT
This paper explores the making of “Hinduism” as a legal category and the gradual erosion of religious and customary diversity under Hindu personal law. It traces the historical roots of this process from the colonial period, where administrative classifications such as the census began grouping diverse traditions under the broad label of “Hindu.” It then examines how, after independence, the codification of Hindu personal laws through the Hindu Code Bills extended this categorization to Jains, Buddhists, and Sikhs, reshaping distinct traditions into a unified legal framework. The study also considers how judicial interpretations and constitutional provisions reinforced this homogenization, while sidelining unique practices and claims to independent recognition. By engaging with census practices, codified laws, constitutional debates, and case law, the paper highlights how plural religious and community identities were gradually absorbed into a Hindu identity, raising fundamental questions about pluralism, minority rights, and the limits of legal reform in India. Ultimately, it seeks to show how the customs of individual communities were eroded as they merged into the broader umbrella of Hinduism.
