LEGAL CAPACITY, REPRESENTATION AND THE PROBLEMS FACED BY MENTALLY ILL WOMEN
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Abstract
Mental illness, as a disability affects a substantial number of people. Those suffering from the same, lack autonomy due to their legal incapacity to take decisions and are provided with representation. Our present disability laws are out of sync with international conventions and in order to tackle the same, the Mental Health Care Bill, 2016 and the Rights of Persons with Disabilities Bill, 2014 were formulated. This paper reads between the lines of the two Bills and identifies and addresses its loopholes and flaws. Reproductive rights are at times taken away from mentally ill women. Sterlisations and hysterectomies are performed on them without their consent, for the sake of mere convenience of their guardians. Even in cases of abortion, these women are often not consulted. It discusses the discrimination and hurdles mentally ill women potentially face in the arena of marriage and divorce personal laws, as the presence of such an illness readily provide for grounds for divorce or annulment. With marriage being contractual in nature, it is vital to look at whether the mental illness in question renders one incapable of understanding the concept of a marriage and its rights and duties. For discussing these issues, the paper draws out pertinent legislations and case law, and where relevant, it looks at case law from other jurisdictions like the USA, UK.
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