Marriage, mental health and the Indian legislation

Respected Chairperson, Esteemed Fellows and Members of the Indian Psychiatric Society (IPS), distinguished guests, ladies and gentlemen, I consider this occasion as a great honour bestowed upon me to reach the highest office of our society. I am grateful to the fellows and members of the IPS for giving me the opportunity. After serving this organization in various capacities, being elected as the President and delivering this Presidential address today is a milestone in the growth of my emotional attachment to the IPS. Marriage has been, since ancient times, one of the most important social institutions—perhaps the greatest and most important of all institutions in human society. It has always existed in one form or another in every culture, ensuring social sanction to a physical union between man and woman and laying the foundation for building up of the family—the basic unit of society. Sociologists have offered several definitions of marriage: ‘Marriage consists of the rules and regulations which define the rights, duties and privileges of the husband and wife.’—George A. Lundberg ‘Marriage is more or less a durable connection between male and female, lasting beyond the mere act of propagation till after the birth of the offspring.’—Western Marck ‘Marriage is an contractual agreement which formalizes and stabilizes the social relationship which comprise the family.’ Marriage is a socially supported union between individuals in what is intended to be a stable, enduring relationship. It is the basis for the family and the institution, defined by six social functions: regulation of sexual behaviour, reproduction, nurturance and protection of children, socialization, production, consumption, and the passing on of ascribed statuses such as race. Marriage and the family rest on many beliefs, the most important of which is kinship. In the shastras marriage was viewed as a sacrament. The relationship of husband and wife, once established through proper customs and rituals, was believed to be irrevocable. In Hindu marriage, custom is sacrosanct, which is why a marriage ceremony is said to be complete only when the customary rites and rituals are fully performed. Of course, customs vary from place to place and society to society. Since Hindu marriage is regarded as a means to establish relations between two families, utmost care is taken to ensure maximum cultural compatibility between the two. In Hindu ‘exogamy’, a person has to marry firstly outside his or her own gotra and secondly, avoid marrying a person who is a sapinda (sapinda means ‘of the same body’). The former is called gotra exogamy, and the latter is called sapinda exogamy. In the Hindu tradition, the observance of custom is supreme and, if custom prevails, marriages between sapindas or within the prohibited degrees of relationship are also permissible. For instance, in southern India, marriage between a maternal uncle and niece is valid, whereas in northern India, it is unthinkable due to the absence of such a custom. Other religions in India include Buddhism, Islam, Sikhism, Christianity and Jainism, which have their own variations of marriage customs. Among Muslim communities, the joint affirmation of the nikah-nama (or the marriage contract) is of prime importance. Most Muslims prefer marriage among relations; first cousins are considered most suitable, failing which alliances are sought among families with earlier matrimonial links. This is done to prevent the entry of foreign blood within the family and to retain the property inherited by a young couple. The nikah or marriage service takes place at an hour that is ordained auspicious. The qazi or law officer presides over the ceremony, appointing two men as witnesses on the groom’s side, to receive orders for the nikah from the bride's family. The amount of mehr (a compulsory amount of money given to the bride's family by the groom's family) is negotiated by the elders of the two families. In Tamil Nadu, self-respect marriage has been introduced by the social reformer Periyar E.V. Ramasamy. The underlying principles of a self-respect marriage are: Marriage is a personal contract between a man and a woman; nothing is sacred, sanctified, religious or divine in the union of man and woman. A contract may be withdrawn by either party or mutually. If marriage is contractual, of religious it to be a of social The male or has the to or marry at In a self-respect marriage, a contract of by it means that is a is to Since a contract is once it is the man and woman may have by Periyar also the to for on and to to one or two children, of and to if The woman is a is a which is an to a are a of such as and In most is in India have a of marriages are in the of Tamil Nadu, and is a between marriages and A of at the of from that and most of of A of of that in of the marriages A of and the of the of that in of the marriages and most of of marriage has been in the basic of have or union be has been in many in the In India, and are only considered also an that this is In India, are and for the of and such organization is a social and emotional for It is a for and in It be that and is one of the of the Psychiatric Among law male In the of of all in In the of from in to in In the of all marriage is for is what the said at when it a that have the to defined as an institution, the of and family a a or a union between two is an to in society. the most for most in the are on and has a from being the and socially by the or the family It is a on a with a marriages are matrimonial and The in passing regulation in which and by The of in the was to the of social and and in the in India by social such as E.V. In one of the of society is the on law to social In India, the first for on the of marriage, and property for The of marriage has and Hindu marriage today has more or less the of a contract for the of the by various and A The of has the marriage marry at the same more of all in the are In India, the of is it is it is The of and the marriage to for the of their are many in our society who that marriage and the of marriage and the of the family. This may or may be either in have on the of marriage and are a of it for to with and to ensure that Society social and through If to This is why many to in the of as marriage their to marriage the to the it a personal a family or a social is it a of a to all over a to of that has This is a of on one in the of the marriage After and of with many and and a may as the only this marriage or relationship may the with in and is the on to as as marry to their of and to In marriage, many that is and is a of the The of a of in the first supreme to at a and to the relationship with and, when statuses are or are performed. and by social and of family The greatest by is the of family in is viewed as a as an marriage is as a is to be a are many that are for of the most important has been to be social The of social a of in in of in of have to society is as as The is one of in the of the social of also to a of that from the of attachment to the family. The of in the family and society is another to be The of her for and and has a and This to in in for who have an and The for has social from the and to the This in has the of marriage The of and has and the of and The has an important in such The of and on the social and cultural between the and the social to is also a for Marriage may be for which may to the of The between marriage and has been with in by Indian and may be the or of have a in to with more The of also from of in among men and is among as to and in as to in the that in all of more men in the same After the with it was that the of and vary within and and on the highest among in their as as that who that or more who that in of marriage as a of it always be marriage a of from The birth of a an or of and that a in in a relationship. in a the greatest on a of or by Other that may a also include the of an of of to or with or one or members of the may be in or may be and one may be for the in India are less to receive care in the in a is and an occasion for are more to be to their or that the of care for the woman is to her own to her husband or his family. and marriage is that is with first of and of to be in such as the Since and the of marriage, may a with a form of the marriage (or with a may the of or of two be on the basis of of the in which such as and family that men a in the of with the relationship between marriage and from several have in a for with and of a in in a and among the and a of for among are with to the marriage of a person from The to many of the by families are as are on which to on this important In a up and that in Indian is with The being the of the of children, a of at and the of at all with a a in and the of and for all with a For most in India, marriage is a in which is and and is with social It is also the for most If this is or by such as the of are beyond After all with their many of are and is by this of and a personal by society. It has to the the of in to being by a have also been by their and to for in a are to The and cultural of being and are in the Indian In to the of from family members and from society in are and for their for the families the and physical of for a woman is This once the for and among the that of is that be by this marriage the to all In a of with and that the of being is more by families and that of of more the of and the of their all A from was the and of the family such as the who their as from the This was also of and who In most the of is or with the family of the This is due to the that to of the woman. After marriage, in the of an an of and is in the family of the that for the of the the a after or after several of marriage is considered more and always in The to from and which their The family is considered to be a for the of The relationship and the for of family in which one to the the which the in which the that the It was that the the of In a of at the of and that in the of a from with by the of are male of and of are of and of are of this from a are Among the of with is more with and and has been in the of as a for For it that have the of or men have the highest of In the is less in the the same to as as the of the between and of is more If is a for the same with the to marry or to is that to and or the with or the of of an of In the of has that for marriage protection it to be with of for has been that within marriage, the of the is and which may to most in or in who are or I is more in and among this may the and the of the social and may also to marriages to be important and a of marriage is of the by the from of and which may for a from their as a of and have of of have more of who are It is the and are to between the or to the of one or that to the of and marriage is to social in the family. and family is The among is and the of such men are to be and socially The of and to the of the of their The is to the of and A a of are at of emotional and and of at have that of is due to Indian also to be the in of of that have been most from the of It all that is to the family sexual of the and within the The witnesses the with is also to by from and to are at the most for and Marriage and with the who have of are more to have been or is a among by to the of The is for this is for among and among who are with men to among in India that of the are and the is highest in the first of and family which are more important mere The of may be due to or by the and of to the of and of enduring family as a of is that a of and that the the of is an important of For the between and in is by in and marriage and a of among The are either as or of A in with that in a of with between the two A of with that being the of with being more as to as with are more to and in This is of male and be by the that to be men when first and are less to have an a cultural are less in which may for of and among with This be by several of in social of and of for a sexual relationship due to and of in have since are to in the for with sexual which are the and the of The sexual may most be due to such as and or due to of and from physical and every has own personal In India, of the the is by a to and family The of a was a to be through a The of and with was The of matrimonial law to religious and has to the of matrimonial one of of the it is the of the to for in the family. of the same a a who may or may be to the a person in the of the may be for the of the to the the was established with the to in marriage and The may the of and for This that to the to and the of marriage be for as and that be for such It is that the of is to prevent the of a family. If a is it be on a The have a on the of marriage: The Marriage The Hindu Marriage with in The of Muslim Marriage The Muslim of on The Marriage and The Marriage The Indian The A family of The most important that the of family is the of the marriage that and place in the society as a of and have the religious and of the of to and is a sacred, consider family to be a and the to the by with this matrimonial was to and to The matrimonial that one for of or is in a socially marriage is as a marriage, are two with to the the marriage a it for the relationship to The at the of marriage who is of what is to or her for The may have the for The relationship between the may be one that prohibited by religious to the of of marriage means that the marriage is or In a marriage place at in the of the of the relationship between the For and may with and it may be for the relationship to means that the marriage was a the relationship be the of the for Muslim law of marriage and this two to be taken The of Muslim Marriage of The Muslim of on A Muslim who is of and has to have been on of the is is to the Muslim marriage or of and who have may be marriage by their to Muslim marriages are of or or and or The Muslim the Marriage and the Hindu Marriage marriage as A or marriage is one that is by all the of If of are the marriage is or are: marriage by a Muslim woman by a If are the marriage is or marriages are: marriage marriage with a when are marriage the marriage prohibited on the of a marriage prohibited as an marriage A marriage is among the Muslims of the as a be by an agreement between the two The this of The India Muslim has Muslims to avoid the of the of a which for The said that Muslim in giving the which is considered to be a of marriage as the Muslim A Muslim marriage be by by the to the and on by to the The law as ordained by the is that be for a and that it be by an at between the husband and the by two one by the from her family and the by the husband from his family. If their may be of marriage to from a husband to his it is as by A Muslim husband of who has the of may his The of in the of law is of the marriage by are two of on the basis of are of on the This is done by a of If the marriage is be in this This consists of after an of a the irrevocable. at or in This is considered may be through or by a by to to the Muslim Marriage a woman the Muslim law be to a for the of her marriage on on the the husband has been for a of the husband was at the of marriage and to be of the husband to the marriage is one of Marriage and in A means a and the is for this The form of one ceremony be in all This is the marriage be it is by the the Marriage and of is a for of for in the Marriage person may on the the at the of the marriage was of and has been up to the of the that be on this the was of the at the of the marriage, and has the within from the of the the has been of for a of two or the of the or has been or from of such and to such an that the be to with the in this is to that in the Marriage and the Hindu Marriage law of marriage and and the Indian of marriage: The Indian in the of several of the was by of this the for are to the Marriage and the Hindu Marriage of This is a for on two The of be and is to It be for at two the of the It is that the If the of was in the on the of two be from the when the The has for The for that a are and of marriage by in for A of the of marriage: The for of marriage as the or are among the for it be established that the was a or at the of The Marriage The Marriage is for person in India and Indian of the that the may A marriage in form be this The of has been The Marriage has in the for and of marriages The of marriage: of marriage in Marriage is with The Marriage that is of giving a to it as a of of or of giving has been from of such a or to such an as to be for marriage and the of children, or has been to of The of for marriage that the person to be a It only that the of the relationship that marriage The of are by the Marriage The was party is an or a to the Marriage was also a for that has been by the Marriage of with from Marriage in of this is for on of the for in I and the has been of or has been or from of such a and to such an that the be to with the for A for may be to the either by the husband or the on the that the as has been of or has been or from of such a and to such an that the be to with the In this The of means or of the or or of and The means a or of the or of which in or on the of the and or it or is to Hindu Marriage This is an to and the law to marriage among This of has been from to The Marriage has in the The Hindu Marriage to and The of for of matrimonial of rights, of and and was the most social The marriage to be as a The of as a and upon as which to be and was as an for of such This was called the of was as a for and to be regarded as a or of is a a for Since be as an the was as the if the which of at most the was to for a Hindu Marriage A marriage may be between two if the are party has a at the of at the of marriage party is of giving in of of or of giving has been from of such a or to such an as to be for marriage and the of children, or has been to of by of the has and the has at the of the are within the of prohibited the are sapindas of the custom or of of a marriage between the two. This that party to the marriage be of giving of of The of has to be as of a of or to or This has been by the Marriage The party is an or at the of The of in the is more and are of of is by of behaviour, in or by of or by to the rules of of is or A person of or may the of a relationship. of is the same as or of It is a for marriage a person of or may the of a relationship. In party be from of a and to an as to the party for marriage and the of A party be said to be for marriage if the party is to the and of a relationship. A party be for if the party be to after or the from the marriage, or the be to be from the same or The between the for and of be as The the marriage if either or the The the to the to In the party have been to of to an of the or of of in A marriage in of this is for and of be on the the has been of or has been or from of such a and to such an that the be to with the of or or of in of A marriage if the was of giving as a of of the was of giving the was from of such a or as to be for marriage and the of or the has been to of The in that to a as for marriage and of on of a it to be established that the by her is of such a or to such an that it is for her to a The for marriage and of is one from and on of or as such is a for of marriage or for In this the was at the of marriage from This of the A person this be it was that the was by with of the marriage or after the of this on a by either the husband or the wife, be by a of on the that the has been of or has been or from of such a and to such an that the be to with the the means or of or or of and the means a or of or of which in or on the of the and or it or is to of or from The of be as to or of who the and of the act and are to and their and their in the was for the to that the of the was of such a and to such an that the husband be to with be of has to be considered on own The the of is In as the of of the is the and of which the has been and in one of the important of or has to be considered on own is what The is it to the and the that to the mere of A of the in that by is for the Hindu means the to sexual which is and to have is from is from means to on at the of marriage as of the and as of the Marriage and as of the Marriage and to of the Hindu Marriage the marriage and to of the of Marriage one of the for of marriage is The of be for within one for and after one for by A for In a the that a if or is to and due to by his or her This a of this a a in Tamil supported the and of that by their of as the to a of of that been on the Hindu Marriage and of for only and of for of marriage, the In her of that of the of by of The are and In the of the one been for of only on the of Of the Hindu Marriage and the This that in our the basis of for a is is a of It has to be in It is a of The law that and have to be The of is the of It means that the of be more the of The to a on the basis of only also of It be of to the if the a of the in the The of the of the on the It is the of the to the A given by the is only a of and it the of only when The the of the and the be The law from for it a and it is that an be which that a of be to to such or the of amount to of a The that the of the is to to the of The of the either or a family. The be of the in to the In it is important to that the the and and for being through the of the social of this have to be also through and in many is the and are and are more to be