2014
DOI: 10.20529/ijme.2015.003
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Gender, mental illness and the Hindu Marriage Act, 1955

Abstract: Our analysis highlights the need for standardised guidelines for lower courts on what constitutes adequate medical proof of mental illness when hearing a petition related to nullity or divorce under HMA. It also provides a critical review of Section 5(ii) of HMA.

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Cited by 4 publications
(3 citation statements)
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“…Among cases reaching the High Court, 95% were filed by male petitioners. [20] The failure in gender role establishment seems to be interfering with the lives of women, more so in those with mental illness. Viewing from a gender perspective, decision-making and access to property allow for minimal involvement from women.…”
Section: Women With Mental Illness -Sociocultural and Familial Responsementioning
confidence: 99%
“…Among cases reaching the High Court, 95% were filed by male petitioners. [20] The failure in gender role establishment seems to be interfering with the lives of women, more so in those with mental illness. Viewing from a gender perspective, decision-making and access to property allow for minimal involvement from women.…”
Section: Women With Mental Illness -Sociocultural and Familial Responsementioning
confidence: 99%
“…Illness-related stigma, limited educational and employment opportunities, women's economic dependence on their families, and gender bias in mental health legislation and practice put women at greater risk of confinement to mental hospitals as compared with men (Chatterjee & Hashim, 2015;Maitra, 2003;Moorkath et al, 2018Moorkath et al, , 2019Thara et al, 2003). Legal literature documents women being wrongfully admitted and abandoned in mental hospitals by natal and matrimonial families (Dhanda, 1987;Moorkath et al, 2019;Pathare et al, 2015). Providers and families collude to diagnose women who deviate from expected gender roles as mentally ill. For example, husbands may then use the diagnosis and subsequent admission to a mental hospital as evidence of women's "insanity" to facilitate divorce proceedings, gain control over property, or deny them custody of children (Chatterjee & Hashim, 2015;Pathare et al, 2015).…”
Section: The Context: Women In Psychiatric Institutions In Indiamentioning
confidence: 99%
“…Legal literature documents women being wrongfully admitted and abandoned in mental hospitals by natal and matrimonial families (Dhanda, 1987;Moorkath et al, 2019;Pathare et al, 2015). Providers and families collude to diagnose women who deviate from expected gender roles as mentally ill. For example, husbands may then use the diagnosis and subsequent admission to a mental hospital as evidence of women's "insanity" to facilitate divorce proceedings, gain control over property, or deny them custody of children (Chatterjee & Hashim, 2015;Pathare et al, 2015). A court-based study to analyze judgments related to divorce in the context of spousal mental illness highlighted that 85% of cases were filed by husbands, medical evidence was presented in only 36% of cases, and in many cases, divorce/nullity was granted to husbands without them presenting any medical evidence (Pathare et al, 2015).…”
Section: The Context: Women In Psychiatric Institutions In Indiamentioning
confidence: 99%