Tuesday, September 14, 2010

Disqualified married women!

I am a student of financial accountancy (hons) , I have just been promoted to part II(a very recent development)  of the degree course. In part II, we have business law as a major paper.

Business law is, of course, laws related to business. We are studying the “Indian contract act” nowadays.
According to section 2 (h) of the Indian contract act”an agreement enforceable by law is a contract”. Any person can enter into a contract, only if they are of majority age, or of a sound mind.. There are certain people who are disqualified in entering into a contract according to our Indian act-
Alien enemies, foreign bureaucrats, insolvent, convicts……and…….


Our teacher always gives us a little briefing, before starting the chapter.. The moment she announced, that married women are disqualified from entering into a contract.. All the 200 pair of eyes was on our teacher at that moment.
I am studying in a girl’s college, it’s a Christian college (Carmel institution) , a very reputed institution of our state. A female dominant college (we have very few male teachers) so in a class of about 232 female students and plus 1 female teacher… it comes into light that the law of our country disqualifies a married female to enter into a contract

We all shouted in chorus, “MA’AM…..!!!!?????????????”

She made the whole class quiet, and explained that a married daughter is disqualified to enter into a contract of her father’s business, and she cannot even enter into a contract of her husband’s property. The class bell rang which was a cue for her to leave, but she said she will explain it in the coming classes.

She left all of us in chaos.  one of my friend has a family business, and she considered it to be totally fake law as she said that her father has made her the partner in the company (on papers) and she can enter into a contract if she wants,  my other class mates laughed at the hypocrisy of this law, and Me?
  My father do not have any business but he has property, I am an only child , I was really wondering.. if I will get it or not!!!?/

The next day our teacher came and explained to us the law, so here it is..

A married daughter cannot enter into a contract of her father’s business or property, except it’s on her name. This law does not apply to married son, as according to the Hindu law in the absence of a will, the property is to be divided amongst the son equally, it’s a default process, daughter’s get a share only if it is mentioned in the will and in the absence of will, the property goes to the son(s). In Muslim law 1/3rd property goes to the female child (please correct me if I am wrong)

 A wife cannot enter into a contract of her husband’s business or property except if she holds a share of it (legally). But similarly, husband cannot also enter into a contract of her wife’s business unless he has a share in the business.

So finally our confusion was sorted out.  Though I am not affected by this law, as I am an only child so all will be mine ( YIPPEEEE!!!!)  

It’s fair on the husband-wife part, but what about the daughter part.  
there are certain laws especially in our hindu society which discriminates against women
For eg  a daughter cannot give fire to the corpse of their parents(as in Hinduism the corpse are burned and not cremated) it’s a son duty…!!!
There are some major laws in all religions only for women (no such rules for the male fraternity) 

 In our daily language (English) if we have to refer to any person like say an auditor , lawyer or engineer we use the pronoun “HE” instead of “they”
                 Once we had a debate in our school and in the practice session one kid said in it’s speech ” man is a social animal”
my teacher asked then and there,” if man is a social animal then what are women..?”
every one had a great laugh on this!

So please let me know.. my worthy readers(though you are few, but you rock my blog with your thought-provoking comments) your take on this post! over to you all!


Ayak said...

It's amazing in the 21st century that these laws that discriminate against women still exist.

Very interesting post Anki

Rummuser said...

Yes, it is an unfair society that you live in. That should be obvious to you by the way our politicians from the two states that you come from object to the women's reservation bill. The cow belt not only is two centuries behind the rest of India, it does its best, because of its numbers in our parliament to drag the rest of the country down too. It is up to the women of these states, the BIMARU, to use their votes intelligently and get onto mainstream India. Or just lump it.

anki said...

@ayak yes it is a harsh reality and it is very difficult to change them.. like the corpse one, it is believed that the person's soul will go to heaven if his/her son burn their pyre...now no one wants to disturb a dead person's soul...... there are many rules in islam and in jewish people too..xclusively for women.. gawwd it all suxxx!!!

@rummuser i don't approve of reservation for any one. In the name of these facilities people take undue advantage of the law.. and get away with the tag of minorities or weaklings, they get the sympathy votes. instead change the laws in such a way that every one gets an equal opportunity.. i am a girl and i would love if i get admission in say IIMs or SRCC but on the basis of my gender,it will not be fair(though i will be happy with my admissions,i'll be mad if i am sad)

DELHI UNIVERSITY is the top university of our country.. and it is weird that so many colleges are girls college esp the good ones...and not many options for guys, IITs N IIMs are co-ed but the population of girls are less...opportunity is there.. but girls are not able to make it there...
these polticians go on and on about useless things but never work where it is actually required

thanks to both of you for your great comments!

Maitrey said...

say anything..whether its colossal infrastructure or achievement of any other landmark....our nation cannot develop until & unless these stereotyped orthodox nonsense views eradicates from every community of our society....alarming fact is that our rural India or more than half of our population is infected from this in a severe manner...OUR LAW NEEDS TO BE ALTERED AND POLISHED IN ORDER TO SHINE BEFORE THE DEVELOPED COUNTERPART OF OUR GLOBE.....

Mary said...

Hi Anki,

Thanks for the comment on my blog! :-)

Well I have never heard of a contract law like that before! :O Does the law only apply to the Hindu population and/or mainly Hindu states or the entire of India? (just wondering because my best friend ever is from Punjab, and he's never mentioned this law).


anki said...

@maitrey.. well said bro..!!!

@mary i am also a partial punjabi(my mum is punjabi) and yes it applies to all of india.. the property ownership law may vary, but the contract law is true!

gaelikaa said...

Hi Anki,

If you are a married woman in India you are gone from your parental home and are now a part of someone else's house. I have stories upon stories about the absurdities of this situation and believe me, I can do nothing but shake my head at it now. Like Rummuser says, it's up to the women to change things. I just saw Mary here in your comment box, haven't met her in ages, must check her out....