SC Seeks Law Commission’s View on Buddhists Challenging Hindu Personal Law Provisions
The Supreme Court has asked the Law Commission to consider a petition from the Buddhist community, which opposes the application of certain provisions of the Hindu Personal Law to Buddhists. The Court acknowledged that these provisions may violate the fundamental rights of Buddhists. The CJI questioned the nature of the petition and referred the Law Commission to the expert body on this matter. The Court advised the Law Commission to make necessary recommendations.
The Supreme Court has asked the Law Commission to consider a petition by a Buddhist group that maintains certain provisions of Hindu Personal Law, applicable to Buddhists, are violative of their fundamental rights, including freedom of religion.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, hearing a petition filed by the Buddhist Personal Law Action Committee, asked the Law Commission to accept it as a report, stating that some existing legal provisions are against the fundamental rights and cultural practices of the Buddhist community, and thus constitutional and statutory alterations are essential.
It is noteworthy that Buddhists are also covered by laws made for Hindus, such as the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; the Hindu Minority and Guardianship Act, 1956; and the Hindu Adoptions and Care Act, 1956. In the context of these laws, Article 25 of the Constitution includes Buddhists, Jains, and Sikhs within the definition of "Hindu."
