Borderline Personality Disorders and Insanity under the Hindu Marriage Act, 1955?

The question raises concern over whether Borderline Personality Disorder (BPD) be treated as lack of ability of proper judgment and unsound mind and be treated as a ground for divorce. But first, what is Borderline Personality Disorder? BPD is a chronic psychiatric disorder characterized by marked impulsivity, instability of mood and interpersonal relationships, and suicidal behaviour that can complicate medical care.[1] In such a condition, we need to analyse whether the person is sane or not and whether a person is in senses to understand the gravity of the situation. Determinations of legal sanity or insanity should not be dependent upon diagnostic categories or nomenclature, but on the extent to which a person is able to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.[2]

An important characteristic of BPD is that it is a persistent model proof of unsteadiness in personal relationships in the life. There is high variation in the mood of the person which in turn causes problem in personal relationships. Such persons are typically very rash in nature.“The causes of borderline personality disorder (BPD) are unknown. Genetic, family, and social factors are thought to play roles. Risk factors for BPD include:

1. Abandonment in childhood or adolescence.

2. Disrupted family life.

3. Poor communication in the family.

4.  Sexual abuse.

This personality disorder tends to occur more often in women and among hospitalized psychiatric patients.”[3]

Under the Hindu Marriage Act, 1955, Section 13 (1) (iii) provides for divorce due to mental conditions of either of the spouses. The conditions as stated read as:

‘has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause, the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia.’[4] So the symptoms include: fear of abandonment, impulsivity, anger, bodily self-harm, suicide, feelings of emptiness, chaotic relationships.[5]

Considering and laying deeper attention to these symptoms it can be very well said that Borderline Personality Disorder may or may not be a disorder which would satisfy the conditions of Section 13 because such a disorder is not to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

A person who can examine the cause and effect of doing an action and consequences, thereto, of actions of people around him, or himself, is not such a person who cannot be lived with. Although personality disorder is not an episode like depression or a panic attack; it's a continuous problem that affects you over a long, long time, and the way it affects you is in your emotional life, your relationships, your ability to work, to some extent the way you think, your ability to control your impulses[6] but still such reactions can be managed and the disorder can still be diagnosed. Such cases in which the person can live a normal human life and understands the seriousness of marriage relation should not be considered as someone not deserving to still be married. Such a person deserves to be called a sane person.

Often portrayed as individuals high in affectivity, high in borderline traits, high in substance use disorders with their own suspected levels of pathology, parents of BPD sufferers are often described as perpetrators of verbal, emotional, sexual abuse, and or of neglect.[7]People with borderline personality disorder may feel angry and distressed over minor separations, such as vacations, business trips, or sudden changes of plans — from people to whom they feel close.[8] So in order to qualify for BPD to be insanity the Hindu Marriage Act, 1955, requires that the disorder needs to be grave and untreatable. This criteria is clearly not met as the statistics show that the success rate of people diagnosed with BPD are 56 per cent of the cases.[9]

There is one more condition for Borderline Personality Disorder to qualify as insanity that it needs to be proved that this disorder has rendered the petitioner to reasonably be unable to live with the respondent. BPD is not ground for divorce but its extreme consequences thereon can be. “People with borderline personality disorder may idealize potential caregivers or lovers at the first or second meeting, demand to spend a lot of time together, and share the most intimate details early in a relationship. However, they may switch quickly from idealizing other people to devaluing them, feeling that the other person does not care enough, does not give enough, is not “there” enough.”[10]

So in conclusion I would say that a person suffering from BPD who is showing extreme signs of symptoms so much so that it becomes impossible for the other party to live with him/her can be considered as a ground for divorce keeping Sec 13 of Hindu Marriage Act in consideration.

BIBLIOGRAPHY:

Articles:

1. J Paris, Canadian Medical Association Journal, June 7, 2005 vol. 172 no. 12.

2. Mental and Physical Disability Law Reporter, Vol. 14, No. 1 (January-February 1990), pp. 16-23, Published by: American Bar Association.

3. Borderline Personality: A Challenging but Treatable Disorder, available at http://www.borderlinepersonalitydisorder.com/understading-bpd/bpd-fact-sheet/.

4. David Van Nuys, An Interview with Joel Paris, M.D. on Treatment of Borderline Personality Disorder,  http://www.sevencounties.org/poc/view_doc.php?type=doc&id=33799.

5. Joel Paris, Families Cannot Go It Alone, http://www.borderlinepersonalitydisorder.com/professionals/notes-from-professionals/joel-paris/.

Statute:

1.  Hindu Marriage Act, 1955.

Article by: Shivam Hargunani of Grayscale

[1] J Paris, Canadian Medical Association Journal, June 7, 2005 vol. 172 no. 12.