Marriage, Mental Health and Indian Legislation Essay Example

everyone involved.

Although society's laws have limited effectiveness in dictating social and moral behavior, individuals often ignore them when they are not applicable. This is evident in the widespread choice of cohabitation over marriage in the Western world, as marriage may not be suitable for everyone's specific circumstances. Rather than forcing strict adherence to marriage, it may be beneficial to modify the institution to accommodate individuals' needs. However, it is crucial to recognize that this practice is not uncommon.

The American Psychiatric Association recognizes gay and lesbian psychiatry as a specialized field. The institution of marriage has experienced substantial transformations due to the widespread acceptance of divorce. Society's laws are unable to regulate social and moral conduct, causing individuals to ignore them when they conflict.

MARITAL STRAIN AND MENTAL HEALTH ISSUES

Marriage can lead to stress for susceptible individuals, which may lead to mental health issues.

Extensive discussions by Indian and international authors have explored the relationship between marriage and mental health problems. Marital disharmony can either cause or be a result of major mental health disorders. Couples seeking divorce typically exhibit higher psychiatric morbidity compared to well-adjusted couples with more neurotic traits. The personality factors of divorcing couples also differ from those in stable marriages (ref). According to a 1987 study conducted by ICMR and DST, housewives experienced the highest level of common distress in both urban and rural samples. It is widely agreed upon that individuals who have been married, regardless of their current marital status (married, widowed, or separated), tend to experience more suffering than those who have never been married.

Marital partners who complain about lifelong anorgasmia or impotence often indicate psychological issues within themselves. Other circumstances

that can trigger a marital crisis may also result in psychological disturbances, such as discovering an extramarital affair, facing a serious illness, receiving divorce intentions, or dealing with issues related to children or work. Sometimes, one or both members of the couple are undergoing therapy or have psychiatric illnesses. One spouse might even seek hospitalization for their partner. Vulnerable individuals may experience stress within marriage, which can potentially lead to mental health problems. Both urban and rural housewives commonly experience significant distress related to severe mental illness. Thus, complaints from marital partners about lifelong anorgasmia or impotence usually suggest intrapsychic problems.

SCHIZOPHRENIA AND MARRIAGE

According to research, marital status is linked to first admission rates, age of onset, course, and outcome of schizophrenia. Single men are found to be overrepresented in schizophrenia samples. When controlling for factors such as age, premorbid personality traits, and family history, a statistical analysis of the WHO data revealed that married men experienced a significant delay (1-2 years) in the onset of psychotic symptoms compared to single men2. Mental health professionals often face the task of providing guidance on marriage for individuals with schizophrenia (114).

The lack of research data makes it unclear how to provide counseling on the important issue of family concerns. Thara and Srinivasan3 conducted a 10-year follow up study and found that Indian patients have a positive marital outcome without significant gender differences. A high marital rate (approximately 70% were married before the illness), presence of children, shorter illness duration at inclusion, and auditory hallucinations at intake were associated with a good marital outcome. Conversely, unemployment, decline in socioeconomic level, flat affect, and self-neglect

over a 10-year period were associated with a poor marital outcome. In India, marriage is typically seen as a sacred and highly praised one-time event that brings fulfillment to women.

If women with mental illnesses such as schizophrenia go through a divorce, their lives are completely destroyed. They are frequently compelled to reside with their aging parents following the separation, which results in social isolation and discrimination. Society still stigmatizes this blend of chronic illness and personal calamity. It emphasizes the challenging circumstances that these women face, as they not only cope with a severe mental disorder but also have been abandoned by their partners, leaving them with few alternatives to navigate through. In Indian culture, mentally ill and divorced women encounter extraordinarily difficult social, psychological, and cultural obstacles.

Women with mental illness face multiple challenges, including the stress of their condition, hostility from family members, rejection from society, and ridicule for being divorced or separated. These factors further burden their families, particularly aging parents who must provide emotional, financial, and physical care. Unfortunately, many relatives mistakenly believe that marriage can magically resolve the behavioral abnormalities associated with mental illness. This study specifically examines women with schizophrenia who have experienced marital breakdown.

According to Thara et al, the stigma surrounding separation or divorce is felt more strongly by families and patients than the stigma associated with mental illness itself. Caregivers of separated, divorced, or deserted women experience more suffering than the patients themselves. In arranged marriages, mental illness is often kept secret from the spouse's family due to fear of rejection. If a relapse occurs early in the marriage, it creates a sense of mistrust and suspicion within

the spouse's family, negatively impacting the illness. However, experiencing a psychotic episode after childbirth or several years into marriage is viewed more positively and does not always lead to separation or divorce. Individuals diagnosed with schizophrenia are more likely to remain single and unmarried compared to those with other mental health conditions.

Male patients have lower rates of fertility and reproduction, potentially because women marry at a younger age and experience fewer initial psychotic episodes. Cultural factors also play a role in the decreased fertility rates among individuals with schizophrenia. Lack of interest in social relationships, apathy, loss of libido, and limited opportunities for sexual relationships due to hospitalization and institutionalization contribute to this finding. Although rates of reproduction among schizophrenic patients may have increased since deinstitutionalization, they are still expected to be lower compared to the general population.

SCHIZOPHRENIA AND MARRIAGE

Providing guidance on marriage is often necessary for mental health professionals when working with people who have schizophrenia.

Individuals diagnosed with schizophrenia, particularly males, have a greater chance of remaining unmarried compared to those in other diagnostic categories. In Indian culture, marriage is highly valued by women and is considered a sacred and joyous occasion that receives widespread societal acknowledgement. It is seen as the ultimate accomplishment for many women. When mental illnesses such as schizophrenia threaten or disturb this cultural expectation, it deeply impacts the lives of these women.

Caregivers of women who are separated, divorced, or deserted experience more suffering than the patients themselves.

The Relationship Between Marriage and Depression

Research on the connection between marital status and depression has received significant attention. Married men have

the lowest rate of depression, while separated or divorced men have the highest rate of major depression. The results from the Epidemiologic Catchment Area (ECA) study indicate a similar pattern for both genders. Although it is not clear which factors are causing this relationship, children who come from divorced families or are separated from their parents also face greater psychological problems.

ALCOHOL AND MARRIAGE

Alcohol misuse can significantly affect society, particularly families, leading to marital and family conflicts. People who consume excessive amounts of alcohol are at a higher risk of getting divorced, while their partners may experience anxiety, depression, and social isolation. Research conducted in Western countries suggests that alcoholism contributes to nearly 80% of domestic violence cases. Studies in India also confirm this connection, with addiction being the main factor behind 50%-60% of reported incidents of domestic violence.

Marital relationships suffer greatly from addiction, resulting in significant devastation across multiple aspects of the spouse's life. These include family dynamics, sexual intimacy, financial stability, the well-being of children, and standing in the community. Excessive alcohol consumption within families inevitably creates tension within the marriage and household. Research shows that approximately 50-60% of domestic violence cases are directly connected to alcoholism. Ultimately, alcohol addiction negatively affects important areas of the spouse's life such as family dynamics, sexual intimacy, financial stability, children's well-being, and social standing.

MARRIAGE AND SUICIDE

Research shows that individuals who die by suicide are more likely to be divorced, unemployed, or living alone compared to the general population. These associations often arise due to social isolation. Interestingly, marriages with children seem to significantly lower the risk of suicide. The suicide rate for married individuals is 11 per

100,000; however, it is twice as high for those who have never married or are single. Surprisingly, people who were previously married have even higher rates of suicide than those who have never been married.

The suicide rate is 24 per 100,000 for widowed individuals and 40 per 100,000 for divorced individuals. Among divorced individuals, men have a higher rate of 69 suicides per 100,000 compared to women with a rate of 18 per 100,000.

In India, research on suicide shows that one-fourth of those who commit suicide are unmarried and the highest rate occurs within the first year of marriage. Marital and family problems account for around half of these cases and are more significant than mere cruelty.

The higher suicide rate among married women may be due to issues such as marital disharmony, dowry, or ill-treatment by their in-laws.

Batra and Gautam7 found a high prevalence of neurotic disorders among couples seeking divorce.

Both pre-marriage and post-marriage conflicts can lead to neurotic issues. Instead of causing conflicts, some couples may require help with sexual problems that stem from conflicts within their marriage. Psychological disturbances such as anxiety, depression, substance abuse, or physical illness can be responsible for these sexual dysfunctions. Social isolation frequently contributes to cases of suicide and depression. Couples who are seeking divorce have a higher likelihood of experiencing neurotic disorders. Neurotic problems can arise both before and after marital disharmony.

Sexual problems in marriage are often a consequence rather than a root cause of conflicts between spouses.

The Connection Between Marriage, Mental Illness, and Legislation

All countries and religions have their own specific laws concerning personal matters. In India, Article 44 of

the Constitution mandates the state to secularize and standardize family laws. The aim of implementing a uniform civil code was to be accomplished gradually. The integration of religious and ethical principles into legal regulations was inherently appropriate.

The prevalence of diverse matrimonial laws, in addition to one statutory law, arises from the practice of applying matrimonial law based on religious faith and beliefs. According to Rule no. 3 of Order 32A of the Civil Procedure Code, it is the court's responsibility to make efforts for settlement in family matters. Rule no. 4 of the same order permits the use of a person, preferably a woman, who may or may not be related to the parties involved, including someone professionally engaged in promoting family welfare, for the purpose of settlement mentioned above. The establishment of the Family Court under the Family Court Act, 1984 aims to promote conciliation in disputes related to marriage and other related matters.

The Family Court may enlist medical and welfare experts for conciliation, according to this Act. The Act states that individuals who prioritize the protection and preservation of marriage shall be chosen as judges, with a preference for women to be appointed. The lawmakers clearly intend to prevent the dissolution of families. If a difficult decision must be made, it will be based on specific grounds. Dhanda8 observed in a compilation of 61 divorce cases that divorce/nullity petitions were filed based on the following facts: 49 cases under the Hindu Marriage Act, 11 cases under the IDA, and 1 case under the Parsi Act.

Among the 34 divorce cases filed, only 10 were granted divorce. Similarly, out of the 30 cases seeking nullity

of marriage, 12 were granted. In her study of 61 cases, Amita Dhanda discovered that schizophrenia accounted for nearly one-third of the diagnostic patterns leading to divorce, followed by mild mental disorder/insanity/unsoundness of mind.