The Gond tribe people are not Hindus. They are governed by the customary law prevalent in their tribe. The burden of proof lies on the parties who claim that the Gond tribe people are governed by Hindu law. If in any case it is proved or the plea is accepted that the Gond tribe people are governed by the Mitakshara branch of Hindu law, then the Gond tribe people cannot be considered to be of Brahmin or Kshatriya caste. They will be considered to be of Shudra caste. See: 1971 Madhya Pradesh Law General. Note No. 21 Trilok Singh vs Gulbasiya.
The Hindu Succession Act of 1956 and the Hindu Marriage Act of 1955 do not apply to the Baheliya tribal community. Their tribe-specific customs apply. See: Ram Gulam vs. Narayan, 1990 MP Revenue Decision 100 (High Court). Hindu law does not apply to the Halba tribe. The Hindu Marriage Act does not apply. A Halba’s second wife can obtain a name transfer after her husband’s death through customary law. See: Ramvati vs. Sahodaribai, 1980 MP Revenue Decision 191.
A true conversion is the willing adoption of a new ideal, philosophy or religion by an individual with full consent and freedom. Conversely, re-conversion (Ghar Wapsi) is a form of forced conversion lacking the free choice of the individual. A return to Hinduism as a ‘homecoming’ or Ghar Wapsi cannot be justified, as most tribal communities are nature worshipers and Hinduism is not their ancestral religion.