‘Mental instability’ clause often misused to get divorce

It is not peculiar for marital discords and divorce pleas to turn into bitter stories; mostly there is substantial character assassination involved and families leave no stone unturned to victimise themselves.

Through the journey of Anuradha (name changed), this newspaper has made an attempt to understand the plight of women who are declared ‘crazy,’ ‘mentally unstable,’ and ‘potential threat’ by the families of their spouse in the divorce pleas.

Married for more than 15 years and a mother of two teenage children, Anuradha’s husband sought for a quick divorce, pleading that she is a potential threat to her family.

In 1995, the lower courts in the capital had ordered Anuradha to be put in a mental facility on the plea of her in-laws stating that she was not mentally fit. This was done without any examination or thorough check up. The family had simply produced a certificate by a renowned psychiatrist and on the basis of that the metropolitan magistrate had turned Anuradha’s life hell.

It is interesting to note that Anuradha was not put into a government facility but taken to a private clinic which was headed by the doctor who had deemed her mentally unfit.

Speaking to this newspaper, her friends explained how she had to run away from the country to prove her sanity and get back her life. “After the lower court order, she was forcefully administered tranquilizers and manhandled by the staff and doctors at the clinic. Soon, she made a run from that place and was on a hide-out, living with her friends,” explained Indu Prakash Singh, a well known activist in the capital.

After a few months, Anuradha left the country and never looked back. She had moved to the apex court challenging the bizarre order of the lower court.

In her letters to her friends, she wrote about how she was adjusting to her new life in the USA. Eagerly waiting for the apex court’s decision, she had taken control of her new life aboard. After two years, in 1997, the apex court observed that the lower court had given the order without any proper questioning. “We have interviewed the warden of the hostel where the petitioner was staying and she said that the petitioner’s behaviour was normal.”

With this one ray of hope, Anuradha was able to get a divorce in Denver court. Free from her traumatic past, she has never revisited India and neither keeps any contact with her children and family. According to her friends, she is working as a spiritual leader now. Activists who have worked in the mental health field have time and again pointed out that the issue surrounds a plethora of stigma.

“It is very common for us to get to know of these cases of people who have been ordered to be incarcerated. There are several lacunas in the act which make it easy for corrupt forces to misuse it to their advantage. There was a similar case recently in Agra where a woman was declared mentally unfit and the husband was granted an easy divorce,” said Seema Baquer, who is working to spread awareness on mental health.