marriage mental health and indian legislation ancips 2005 presediential address in chandi2

8/8/2019 Marriage Mental Health and Indian Legislation ANCIPS 2005 Presediential Address in Chandi2

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BYBY

Dr.S.NAMBIDr.S.NAMBI

ANCIPS 2005.ANCIPS 2005.-- CHANDIGARHCHANDIGARH

MARRIAGE , MENTAL HEALTHMARRIAGE , MENTAL HEALTH

ANDANDINDIAN LEGISLATIONINDIAN LEGISLATION


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Salutation to myGurus

Dr.A.V.Rao

Dr.Sarda menon Dr.O.Somasundram

Dr.M.Vaidyalingam


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MARRIAGE A SOCIAL

INSTITUTION A social institution since ancient times

Marriage consists of the rules and

regulations, which define the rights,

duties and privileges of the husband and

wife- Georgea Lundberg

Marriage is a contractual agreement,

which formalises and stabilises the

social relationship, which comprise the

family


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FUNCTIONS OF MARRIAGE

Marriage is the epicenter of the family law

Six social functions of marriage

1. Regulation of sexual behaviour

2. Reproduction

3. Nurturance and protection of children

4. Socialization

5. Passing of the ascribed such as race


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CONCEPT OF HINDU

MARRIAGES MARRIAGE IN THE SHASTRAS VIEWED ASA SACRAMENT

Eight forms of HINDU MARRIAGES

1. Brahma2. Daiva DHARMIYA CATEGORY

3. Avsha

4. Praju patya

5. Asura6. Gandharva ADHARMIYA

7. Rakshosa and CATEGORY

8. Paisacha


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CONCEPT OF HINDU

MARRIAGES (CONTD.,)

AIMS OF HINDU MARRIAGE

1. Religious Duty (Dharma)

2. Progeny(Praja) and3. Conjugal Love (Rati)


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MARRIAGES IN DIFFERENT

CULTURES AND COMMUNITIES

HINDU MARRIAGE

MUSILM MARRIAGE

PARSI MARRIAGE

CHRISTIAN MARRIAGE

SELF RESPECT MARRIAGE IN TAMILNADU WIDOW MARRIAGE

SAME SEX MARRIAGE

CHILD MARRIAGE


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CHANGING CONCEPT OF

MARRIAGE

ININDIA

Traditional concept of marriage is gettingchanged.

Hindu marriage today has assumed the

nature of a contract for the material benefit ofthe parties concern.

Marriages are made in heaven old saying

Today

Marriages are fixed through matrimonialcolumns; matrimonial.com and internet chat.


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MUSLIM MARRIAGES

The joint affirmation of the Nikha Nama or the marriage contract is ofprime importance.

Most Muslims prefer marriage amongrelations

The amount of Mehr is a compulsory

amount of money given to the bridesfamily by the grooms family.


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CHHRISTIANMARRIAGES

Christian wedding is a declaration of lovebetween two people.

The announcement of the wedding is an

essential element. The wedding take place in church.

The priest perform the wedding ceremonyand asks the bride and the groom to take

their marriage vows following which theyexchange rings and are pronounced MANand WIFE.


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SELF RESPECT MARRIAGE

Self respect marriage in Tamilnadu was

introduced by the social reformer

Periyar E.V.Ramasamy.

The basic principles are : Marriage is a

personal contract between a man and

woman, nothing is sacred , sanctified ,

religious or divine. Contracts upholdsequality of sex.


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CONSANGUINEOUS MARRIAGES

Consanguineous marriages are verycommon in south India.

Association between consanguineous

marriages and mental disorders are reported. A study at IMH- Chennai (2004) reveals , out

of 147 patients suffering from major mentaldisorders, 36% born out of consanguineous

parents. Mostly second-degreeconsanguinity.

Out of 100 mentally retarded childrenattending IMH Chennai OP 28% born out of

consanguineous marriage.(2005)


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MARRIAGE ANDDIVORCE

One half of all couples married in

US are now divorced.

Increasing greatly in India also

around 5-7%.

Many people in the West prefer tolive togther instead of marrying


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FACTORS RESPONSIBLE

FORDIVORCE Divorce causes disruption of family

life.

Factors responsible for divorce are:

Social change

Progressive liberalism and individulism.

Change in values from moral to material

Urbanization Changing status of woman her

opportunities for education, employmentand independence.


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MENTALILLNESS, MARITAL STATUS

AND GENDER

Source of study Marital status

Single Married Widowed/Separated/Divorc

ed

Nandi et al (1975) 4.58% 20.17% 35%

Sethi et al (1972) 4.90 1.67 2.15

Sethi et al (1974) 4.9 6.61 13.71

Thacore et al

(1975)

6.6 10.30 19.55

Total 5.25 9.69 17.60


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SCHIZOPHRENIAAND

MARRIAGE

Single males appear to be over

represented in schizophrenia samples

Alow marital rate for schizophreniapatients a lower rate in women than

men.

Poor clinical course and low

socio-economic conditions among the

divorced.


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MARITAL STATUS AND OUTCOME

OF SCHIZOPHRENIA.

FACTORS ASSOCIATED WITH GOODMARITAL OUTCOMES:

Presence of children Shorter duration of illness at inclusion

and presence of auditory hallucinationsat intake

FACTORS ASSOCIATED WITH POORMARITAL OUTCOMES

Being unemployed

A drop in social \ economic level

Presence of flat affect and self neglect.


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MARITAL STATUS , MENTALILLNESS

AND GENDERDIFFERENCE IMH ,

CHENNAI STUDY THE FINIDNGS ARE :

1. The attendance in a mental hospital outpatient

department, persons suffering from schizophrenia

outnumber bipolar disorder ( 10:1)2. Majority of the persons seeking help are male (M : F

= 3 : 2)

3. Nearly 26% of male population and 6% of females are

singles.

30% of males and 23% of females aremarried.

4. About 10% of this patient population consisting of a

major mental disorder are divorced / separated.


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DEPRESSIONDEPRESSION

IN MEN :

Married men have lowest rate fordepression.

Separate/ divorced men have the highestrate for major depression.

IN WOMAN :

The association is less clear.

Same findings applies for women and men(ECA STUDY)


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DEPRESSIONDEPRESSION

The stress associated with divorce/ separation causes the likehood ofa depressive episode.

Bipolar I - more common indivorced / single persons.

Children of divorced parents aremore prone to develop depression


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ALCOHOLANDMARRIAGE Alcohol abuse causes social disruption inthe family and can increase marital andfamily tension.

Divorce rate among heavy drinkers is veryhigh.

Children of heavy drinkers are at a high riskof developing emotional and behavioural

problems and poor academic performance. 50 60 % domestic violence in India is due to

substance abuse, especially alcohol.


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MARRIAGE AND SUICIDE

Social isolation : A common factor for suicidaltendency.

Divorced/unemployed /living alone - a risk ofsuicide behaviour.

About 2/3 of patients committed suicide havesome marital problem (Bancraft 1977)

25% of persons committing suicide are

unmarried. Suicide is highest in the first year of marriage 50% due to marital and family problems.

8% dowry related.


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MARRIAGE MENTAL

ILLNESS

ANDINDIAN

LEGISLATION

Every country and every religion has

its own personal law. In India, it is a constitutional mandate to

secularism, all homogenise the familylaw (ARTICLE 44 OF CONSTITUTION

OF INDIA) In India, there is a need for enactment

of a uniform code which is ideal.


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MARRIAGE

ANDINDIAN

A

CTS1. The special marriage act 19542. The Hindu marriage act 1955 with

amendment

3. The dissolution of Muslim marriage act 1939. The Muslim women protection ofrights on divorce 1986.

4. The Parsi Marriage and divorce act 1936

5. The Christian marriage act 18726. The Indian divorce act 1869

7. The family courts act - 1984


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LEGAL ISSUES IN MARRIAGELEGAL ISSUES IN MARRIAGE

Questions with reference to marriage;

Is the marriage a valid one?

Is it possible for the relationship to

continue? The individual who is not capable of

comprehending what is happening to him orher, cannot give consent for marriage.

Nullity of marriage means that the marriageis held null and void ie., a valid marriage didnot take place at all.

Divorce means the marriage was a valid one :

but relationship cannot be continued.


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UNSOUNDNESS OF MINDASUNSOUNDNESS OF MINDAS

AFFECTING THE CAPACITY TOAFFECTING THE CAPACITY TO

MARRYMARRY MUSLIMLAWMUSLIMLAW

A person of unsound mind cannot

contract a marriage and such a

marriage, if contracted is void. However,if the guardian of the person of unsound

mind considers such marriage to be in

his interest and in the interest of societyand is willing to take up all the monetary

obligations of the marriage, then such a

marriage can be performed.


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Ground for Divorce MUSLIM

LAW Marriage can be dissolved by divorce by theparties without recourse to court and on certain

grounds by recourse to court.

TALAQ must be for a reasonable cause and mustbe preceded by an attempt of reconciliation.

A Muslim husband of sound mind may divorce his

wife without assigning any cause by pronouncingTALAQ

A Muslim woman can seek divorce on the ground

that her husband has been insane for a period of


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UNSOUNDNESS OF MINDAS A

GROUND FORDIVORCE -PARSI

MARRIAGE ANDDIVORCE ACT

Respondent has been incurably of unsoundmind or has been suffering continuously or

intermittently from mental disorder of such akind and to such an extent that the petitionercannot reasonably be expected to live withhim.

That the defendant was of unsound mind atthe time of marriage and has been habituallyso up to the date of the suit.

Unsoundness of mind is not a ground for

annulment


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CHRISTIANLAW OF MARRIAGE AND

DIVORCE Indian Divorce Act

NULLITY OF MARRIAGE:

The grounds for nullity as per IDA sec 19 impotence, lunatic or idiot are the two among five causes fornullity.

DISSOLUTION OF MARRIAGE: IDA amended by actNo.51 of 2001. Unsoundness of mind is a ground fordivorce it must be incurable and it must be presentfor 2 years .

Christian wife has some exclusive ground for divorcerape, sodomy and bestiality.

Divorce by Mutual consent is now possible for theChristians.


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UNSOUNDNESS OF MIND AS

AFFECTING THE CAPACITY TO

MARRYThe Special Marriage Act 19541. Is incapable of giving a valid consent as

a consequence of unsoundness of mindor

2. Though capable of giving a valid consenthas been suffering from mental disorder

of such a kind or to such an extent as tobe unfit for marriage and the procreationof children.

3. Has been subject to recurrent attacks ofinsanity .


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Unsoundness ofMind as a Ground

forDivorce SPECIALMARRIAGE ACT

That the respondent has been incurably of

unsound mind or has been suffering

continuously or intermittently from mentaldisorder of such a kind and such an extent

that the petitioner cannot reasonably

expected to leave with the respondent (sec

27(1))

As per section 23 judicial separation is

possible based on the above mentioned

ground (27(1))


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UNSOUNDNESS OF MIND AS

AFFECTING THE CAPACITY TO MARRY

HINDU MARRIAGE ACT

A Hindu marriage is voidable if either party.

(i) Is incapable of giving a valid consent as a

consequence of unsoundness of mind or

(ii) Though capable of giving a valid consent has

been suffering from mental disorder of such a

kind or to such an extent as to be unfit for

marriage and the procreation of children.(iii) Has been subject to recurrent attacks of

insanity.

B Impotence


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UNSOUNDNESS OF MINDAS A

GROUND FORDIVORCE HINDUMARRIAGE ACT

That the respondent has been incurably ofunsound mind or has been suffering

continuously or intermittently from mentaldisorder of such a kind and such an extent thatthe petitioner cannot reasonably expected to livewith the respondent (sec 13(1))

As per section 23 judicial separation is possiblebased on the above mentioned ground (13(1)(iii))

Institution of suit

Nullity with in one year

Divorce after 1 year


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MENTAL ILLNESS ANDMENTAL ILLNESS AND

MARRIAGEMARRIAGE LEGAL VIEWLEGAL VIEW Legal insanity is different from

medical insanity.

It is not mere presence of symptoms,

but inability to manage affairs isessential in the legal view.

Slight or occasional deviation from

normalcy will not amount to legalinsanity.

As per law procreation means morethan giving birth; it includes looking

after children also.


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FAMILY COURTS ACT 1984

To promote conciliation in and secure speedysettlement of disputes related to marriage andfamily affairs.

Jurisdiction - validity / Nullity of marriage /

divorce/ maintenance, custody of childrenproperty, adoption etc.,

Informal proceedings in-camera to maintainconfidentiality

Assistance of legal expert if required

Counsellors for reconciliation

Free legal aid for weakersections.

22


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NEED FORA CHANGE IN THE

ATTITUDE OF LEGISLATIONAS

WELLAS PUBLIC.

The law should perform a promotive and

facilitative roll. Past H/O mental illness should not be a bar

to marriage

Failure to disclose past H/O illness or

treatment would not amount tosuppression of the fact.

Laws are generally protecting the familysystem.

Law alone cannot be a panacea to many of


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CONCLUSION

PROTECT THE INSTITUTION OF MARRIAGE It is the duty of the court to make efforts

for settlement in matters concerning the

family (Rule no.3 of the order 32 a of

civil procedure code).

Protecting and preserving the institution of

marriage and preventing the fracture of a

family is the intention of the law makersas well as medical health professionals


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Thank you

marriage mental health and indian legislation ancips 2005 presediential address in chandi2

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