The Supreme Court of India has requested the Law Commission to examine a petition submitted by a Buddhist group concerning the applicability of Hindu personal laws to Buddhists. The central argument of the petition is that certain Hindu personal laws, as they are currently applied to Buddhists, infringe upon their fundamental rights, including the freedom to practice their religion.
The plea was brought before a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi. The Buddhist Personal Law Action Committee is advocating for changes to existing legal provisions that they believe contradict the fundamental rights and cultural practices of the Buddhist community, suggesting the need for constitutional and statutory amendments.
Currently, Buddhists in India are governed by the same personal laws as Hindus, as outlined in several key pieces of legislation:
- The Hindu Marriage Act, 1955
- The Hindu Succession Act, 1956
- The Hindu Minority and Guardianship Act, 1956
- The Hindu Adoptions and Maintenance Act, 1956
Article 25 of the Constitution includes Buddhists, Jains, and Sikhs within the definition of "Hindu" for the purposes of these laws.
During the hearing, Chief Justice Kant raised questions regarding the nature of the relief being sought. He inquired whether the petitioners were seeking a mandamus to amend the Constitution and personal laws and whether the government authority had been approached. Justice Kant also questioned if the petitioners were asking the court to reconsider the Kesavananda Bharati case and amend the basic structure of the Constitution.
The counsel representing the petitioner argued that Buddhists constitute a distinct community and that numerous representations have already been made. The bench acknowledged the Law Commission's expertise in the matter, noting that it is typically headed by a former Supreme Court judge or a High Court Chief Justice.
Additionally, the Supreme Court has sought a response from the Rajasthan government regarding a petition challenging the validity of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025. The court has also requested the Indian Railways to explain why accident insurance cover is only provided to passengers who purchase tickets online and not to those who book tickets offline. Congress leader Rahul Gandhi has called for a detailed discussion in Parliament on air pollution in Delhi.
