WHO ARE PARDANASHI WOMEN?
Pardanashin woman are those women who had no contact with outside world, they have never interacted with the society. These women does not know about their rights and duties. They are very easily influenced by anyone, they are not provided with education and hence are illiterate. Pardanashin woman are fully dependent on the father and husband.
These women does not have any experience and had never explore their society too. The don’t know what is happening in the world, is there incapable to understand this due to no interaction with the society.
IS PARDANASHIN WOMEN CAPABLE OF ENTERING INTO A CONTRACT?
No, pardanashin woman is not competent to enter into a contract because it can be easily manipulated and thus can be forced to sign a contract without knowing the circumstances of the contract.
Pardanashi woman can only enter into our contract, if say fulfill following criteria-
- When the contract is clarified to her.
- When pardanashin women could understand what is written in the contract.
- PardanashinWoman constant should be free.
- When she is able to understand the drawbacks of the contract.
- A male member of her family should be present with her while signing a contract.
PROTECTION OF PARDQNASHIN WOMEN
Pardanashin is protected under the section 16 of Indian Contract Act 1872, Undue Influence -A Contract is set to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in position to dominate the will the And uses that position to an unfair advantage over the other. Which means that the pardanasinsCan be manipulated easily by undue influence so, when these women sign a contract, the person who collects their signature must show the proof that the contract Is made with free consent.thus, the burden of proof lies on the person who seeks to sustain a transaction entered withpardanashin women.
OWN VIEW
Pardanashin Are women who observed the practice of seclusion. These females I found in Hindu and Muslim communities in India. They are illiterate, they had never got any privilege to develop themselves.They can be easily fooled by anyone.
These women does not come out from their house to interact with anyone due to old age tradition of their family and society. Thus, they live in parda all the time.
The women with partial parda are not considered as pardanashi. They did not get any privilege as they know the society and have knowledge regarding their rights.
Now, the pardanashi system should be abolished completely because every one should treated equally with equal opportunities. Everyone have right to interact in the society and should be provided with education for their own betterment and also so that they can not be influenced easy by anyone.
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