Mentally ill women in India: Physically and Legally Abandoned women mental illness and law

Abstract

Marriage is a social institution that sets out the rules and regulation defining the rights, duties and privileges of the husband and wife. Major mental disorders are listed both as preconditions of marriage and as grounds for divorce. Supreme Court observed that to brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life.            Marriage is considered as one of the important aspects in life of women in India, and perceived as that with marriage social status of the women enhances, whereas unmarried status after some age is seen with stigma. Parents often render their life earnings, take loans or sell their properties to manage substantial dowry for their daughter’s marriage. Divorce is not generally acceptable in our society. After marriage, the social and moral obligation   to remain in the relationship despite facing difficulties/problems in the marriage becomes more firm. Mental illness comes under the categories of disability under the UNCRPD. In human rights to marry is basic human right disallowing persons with mental disorder to marry is violation of same UN convention. The need of hour is to change the negative attitude of society towards mental illness and reduce stigma.