Marriage is a sacred union between two individuals connected through love, mutual understanding, trust, companionship and respect. It is not merely a legal relation but also has sociological and psychological implications. However, the idealistic image of marriage often differs from reality experienced by a woman in her matrimonial household. While physical violence is visible in the form, psychological abuse or cruelty remains concealed and dismissed as emotional sensitivity.
The invisible nature of mental abuse
Unlike physical assault, mental abuse leaves no scars or bodily injuries, making it more difficult to recognise, prove, and stop it. Most of the victims of mental abuse lack emotional support, empathy, and legal remedies in the initial stage of abuse.
In several cases, a woman, while entering her matrimonial house, is subjected to a persistent pattern of emotional degradation. Such abuse may include regular taunting, verbal humiliation, social exclusion, deliberate neglect and character assassination by the husband and his family members. Although these acts when seen individually can be insignificant their cumulative effects are enough to shatter a woman and her mental wellbeing.
Mental abuse can gradually affect an individual’s self-esteem and sense of security. Victims frequently experience anxiety disorder, depression, diminished self- confidence, emotional instability, and Post Traumatic Stress Disorder (PTSD).
Dowry Demands
Despite the statutory prohibition of dowry under the Indian law, it continues to exist in various forms such as in the name of gifts. Many brides’ families take out debts, exhaust their life savings and dispose of their immovable property to meet the demands of the groom’s family. Nevertheless, the recipient family is never satisfied with whatever they get, which results in continuous harassment and emotional persecution of the bride.
The inability or unwillingness of the woman’s family to meet the persistent and escalating dowry demands often results in mental abuse of the bride who is subjected to humiliation, neglect, and trauma. This creates an environment of fear and mental distress and not only undermines her dignity but infringes on her fundament right to live with dignity.
Recognition under Indian law
The Indian law recognises mental cruelty as a serious offence and violation of one’s rights. The jurisprudential principle ubi jus ibi remedium- when there’s a right, there’s a remedy has significant application in cases involving mental harassment within matrimonial relationships.
There are many statutory laws providing protection and remedy to the victims of mental abuse:
1. Bhartiya Nyaya Sanhita, 2023
The BNS Act criminalises acts of cruelty, harassment and conduct that endangers the physical and mental health of a married woman. It provides legal remedies for the same as well.
2. Bhartiya Nyaya Suraksha Sanhita, 2023
The BNSS provides the legal and procedural mechanism enabling the victim to seek legal protection and justice.
3. Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act is one of the most comprehensive legislations addressing domestic violence. This act recognizes emotional, verbal, psychological, as well as economic abuse as a form of domestic violence.
Also Read: Right to Self-Defence does not mean right to kill: Supreme Court
Conclusion
Mental abuse is neither imaginary nor inconsequential; it is a serious violation of an individual’s rights. Mere absence of physical scar doesn’t diminish the severity of mental abuse. Mental abuse is generally ignored under the name of ‘drama’,’ emotional sensitivity ’and routine marital discord’; this attitude needs to be transformed.
The legal system should work in a manner to protect, prevent and redress the same.
