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!