About pardanshin women

Hello,

Pardanashin woman, as the name suggests, is the one who sits behind a screen or a parda. She, by custom, is obliged to observe complete seclusion and does not have any contact with the outside world. She leads a secluded life.

As per the Indian Contract Act, 1872, any contract made with her without a male member present, such contract is not valid in the eyes of the law. In the case of  Parasnath Rai and others v. Tileshra Kuar, 1965 ALJ 1980, it was observed that : 

"Rules regarding transactions by a Pardanashin lady are equally applicable to an illiterate and ignorant woman, though she…may not be a Pardanashin. It is not by reason of the Pardah itself that the law throws its protection around a Pardanashin lady but by reason of those disabilities which a life of seclusion lived"

Hope this answers your query

Regards

Nikitha Mathew

That means if a lady wears burkha or clothes according to Islamic guidelines but she is free to take her own decisions then she is consider as a pardanshin lady or not ,and what's the proper definition of seclusion life, still have bit confusion about seclusion, try to help me to solve my confusion please!

What are the facts? What is the context?

well ! the context is a girl college student who wears hijab/Islamic dress code , when she hear about pardanshin womans law ,that contract with pardanshin lady is not valid ,then she feels herself insecure about her own future that she wont be able to earn money & become independent because of her hijab, but indeed it's her freedom to follow religious commands according to article-28 ,right?
so, her question is if she make Contract with any person then it would be consider as valid or not? & here the law declare a pardanshin woman as compare to illustrate woman but she is in college so, how we can say her illiterate? so much confusion!

The above clarification is rather disjointed and inchoate. 

The primary objective of the old enactment of the Indian Contract Act focussed on the "Consensus of minds.

As the Purdanishin woman was not permitted to come outside and talk with strangers, the contracts on her name were mostly fake and forged.

Now there is a change in society.   The PW is having ID cards like PAN, AADHAR, her signature can be identified.

According to me in modern society, no contracts can be void/voidable only because the contract was entered with a PW..

if modern society is changed then law should be not changed? why we law students have to learn this old law which didn't have meaning then?