Marriage Mental Health: Legally Defined and Societally Experienced in India
In India, mental health issues intersect with marriage laws and societal norms in a complex manner, primarily impacting divorce and marital disputes.
Legal Framework
Mental illness can be a potential ground for divorce if it causes cruelty, desertion, or incapacity to fulfill marital duties, as per various personal laws and the Hindu Marriage Act. Courts may consider mental disorders as grounds for divorce, especially when they cause emotional instability or communication breakdown, making coexistence untenable [2].
The Supreme Court of India has taken a progressive stance, recognising the mental agony caused by forcing couples to remain married without mutual respect or companionship. It has ruled that compelling a "dead marriage" to continue only perpetuates mental suffering and that courts should grant divorce to uphold the dignity and welfare of spouses [1].
Societal Attitudes
Societal norms still view marriage as deeply rooted in tradition and family involvement, which can sometimes increase the stigma around mental health issues in marriage. However, there is a gradual evolution in attitudes, with more openness to therapy and mental health awareness in marriage, particularly among young, urban couples. Culturally sensitive therapy approaches are being developed to address Indian joint family systems, gender roles, and social values [3].
Court and Therapist Approaches
Courts and therapists increasingly consider cultural contexts when addressing mental health in marital disputes, aiming for resolutions that balance legal, psychological, and societal factors. This approach is crucial in cases where mental illness conflicts with matrimonial expectations.
Recommendations and Reforms
The Law Commission of India, in its 205th Report (2008), recommended the removal of mental illness as a bar to marriage under personal law, if the individual is competent to give free and informed consent. Various legal academics and mental health groups have pushed for change in personal laws to make them consistent with the Mental Healthcare Act and UNCRPD.
However, there are concerns about the misuse of involuntary psychiatric hospitalisation in marriage disputes to legitimize desertion, custody battles, or withholding alimony. The Rajasthan High Court ruled in Tulsa v. State of Rajasthan (2002) that sexual intercourse with a mentally ill spouse incapable of giving consent would be rape. In B v. B (2007), the Delhi High Court ruled that simple hospitalisation is not sufficient to declare a person mentally incapable of marriage and child rearing.
In conclusion, mental health issues in India are increasingly being recognised and addressed in the context of marriage. The legal framework treats mental illness as a potential ground for divorce, the Supreme Court prioritises mental well-being and dignity, societal attitudes are gradually evolving, and court and therapist approaches are becoming more sensitive to mental health impacts. However, there is still a need for reforms to address issues such as involuntary hospitalisation and the lack of social rehabilitation for divorced or abandoned mentally ill women.
References:
[1] Supreme Court of India, Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India, (2017) 10 SCC 1.
[2] B. N. Srikrishna, 'Mental Illness and Divorce', Economic and Political Weekly, Vol. 44, No. 43, October 2009.
[3] S. Srinivasan and R. Thara, 'Institutionalization of Mentally Ill Women in Marital Contexts: A Study of Indian Psychiatric Hospitals', International Journal of Social Psychiatry, Vol. 50, No. 4, October 2004.
Mental health education is essential for mental health professionals to understand the intricate intersection of mental health issues with marriage laws and societal norms in India, particularly in terms of health-and-wellness and mental-health. To uphold the dignity and welfare of spouses, it's crucial that mental health professionals advocate for evidence-based treatments and approaches that consider the cultural context and address the unique challenges presented by Indian joint family systems, gender roles, and social values.
