HINDU MARRIAGE ACT AND THE RECOGNITION OF MARRIAGES OF PERSONS WITH SUBSTANCE ABUSE ISSUES

This article has been written by Ms. Suhani Sharma, a second-year student of National Law university, Odisha. 

ABSTRACT

Approximately 190 million Indian citizens, predominantly comprised of married individuals, engage in regular substance abuse, including alcohol and cannabis. This escalating issue of substance abuse poses a significant threat to the intimate and romantic relationships giving rise to instances of domestic violence and marital instability. Examining such instances in their context of Hindu Marriage Act helps in recognising the hampered rights of the partners most affected by Substance abuse in their marriage, currently lacking in the prevailing policies. This paper highlights the need for a unique recognition of the marriages involving substance abuse issues by shaping policies addressing the complex landscape of Hindu personal and domestic violence laws in India. The paper further elaborates on the issue of substance abuse in marital relationships, presenting thorough case studies situated within the framework of the Hindu Marriage Act. This analysis advocates for the essential recognition of such issues within the Act. In this regard, the author has also emphasised on the current relevant provisions of the Hindu Marriage Act, 1955 along with Protection of women with domestic violence act in order to study the effects of the spouse involved in substance abuse on their marital relations. The author aims to support the reformation of the current legal framework through amendments that advocate for the acknowledgment of issues related to substance abuse in marriages. Their objective is to provide guidance for spouses dealing with such challenges. The proposed measures recommend counselling sessions for individuals engaging in substance abuse, distinct provisions recognizing substance abuse as grounds for divorce, and legal penalties under domestic violence laws stemming from such abuse. Throughout the paper, the author has emphasized not only on comprehending the problems surrounding substance abuse within marriages but also on the proactive transformation of its administration through the reforms under Hindu Marriage Act, 1955. 

INTRODUCTION

Marriages in India are a sacred bond, however requiring health and mental capability of the spouses for a marriage to be valid. Beyond individual challenges, the substance abuse can lead to family crises and compromise various facets of family life, potentially culminating in its dysfunction. This research explores the complexities of Hindu Marriage Laws, specifically concentrating on marriages entangled with challenges related to substance abuse. Section 13 of Hindu Marriage Act, 1955 entails about the process of divorce on nine grounds including cruelty which covers substance abuse cases as well. 

The study explores the effects and consequences of substance abuse on marriages, delving into potential implications. The findings emphasize the necessity for distinct acknowledgment of this issue to garner broader attention, highlighting the way forward in addressing these challenges. Furthermore, these cases inherently lack formal recognition and are informally addressed due to the challenge of pinpointing their direct consequences.

 In order to clarify on this aspect, we will delve into the provisions of domestic violence laws in India, presuming a predominantly female demographic among the victims of substance abuse issues. We will study how Hindu Marriage laws navigate through the problems of substance abuse within marriage and the subsequent steps to deal with it. 

SUBSTANCE ABUSE WITHIN MARRIAGES- AN EXPLAINER

Section 11 to section 18 of Hindu Marriage Act, 1955 lays down several grounds for nullifying a Hindu Marriage through the medium of divorce. One of the grounds is cruelty which includes both mental and physical cruelty. While the Hindu Marriage Act doesn’t explicitly penalize the root causes of cruelty, a prominent factor often discussed is substance abuse within marriages. This may manifest through scenarios such as one partner concealing a pre-existing drug addiction, subsequently harming the spouse, or the development of addiction due to marital issues, resulting in cruelty towards the partner. 

Substance abuse, as a generic term, denotes the injurious or perilous utilization of psychoactive substances, encompassing alcohol and illicit drugs. It encompasses the disproportionate and frequently unbridled consumption of such substances, giving rise to detrimental physical, mental, and social repercussions. Substance abuse may culminate in addiction, health complications, compromised cognitive faculties, and adverse ramifications on interpersonal relationships and general well-being. This implies its impact on intimate romantic relationships both sexually and emotionally. These problems lead to consequences such as marital stability, divorce, domestic violence, abuse in marriage, impacts on children’s well-being which will be elaborated in the further sub sections. 

ROLE OF SUBSTANCE ABUSE IN DIVORCE

Substance abuse can significantly impact communication and trust in a marital relationship. It can lead to a situation of frequent arguments and emotional disconnection between the spouses, destroying their understanding and bond within marriage. The detrimental outcomes of drug and alcohol addiction disrupt various elements essential for a successful marriage. The impacts include, flawed communication, trust issues, Bad parenting, financial issues etc. These problems arise from the impaired judgment and altered behaviour of a spouse grappling with substance abuse, resulting in communication breakdown and a lack of compatibility between partners. The toxic environment created in the presence of a substance abuse addict negatively impacts the physical and mental well-being of the entire family including children. This necessitates divorce as a measure to protect the sufferers against the repercussions of substance abuse on the innocents. The cases of substance abuse within marriages are most prominent among males. It can arise both before or after the marriage. 

Individuals struggling with drug addiction before marriage are often attributed to diverse factors, including genetic predisposition, familial challenges, career-related stress, or peer influence. However, instances frequently arise where individuals deliberately conceal this aspect, leading to divorce cases based on grounds such as fraud or cruelty, especially if the innocent spouse experiences physical or mental repercussions. In numerous scenarios, the issue unfolds post-marriage, with the onset of alcohol or drug consumption occurring after a few years. This is often attributed to the mounting pressures of marital and parenting responsibilities. The concealment or development of substance abuse in either scenario can significantly impact the trust and well-being of the marital relationship, providing legal grounds for divorce. 

The legal implications may involve claims of fraud if pertinent information is deliberately hidden, or allegations of cruelty if the substance abuse adversely affects the innocent spouse. The complex interplay of pre-existing addiction and substance abuse emerging during marriage underscores the need for legal measures to address the multifaceted challenges within marital relationships influenced by drug addiction. 

 

In a decision rendered on July 26, a divisional bench consisting of Justices Goutam Bhaduri and Sanjay K. Agrawal established that a man’s habitual and excessive alcohol consumption could be considered as a form of cruelty, constituting grounds for divorce under the Hindu Marriage Act. 

To claim divorce on the basis of substance abuse within a marriage in the ambit of Hindu Marriage Act, there is no such direct provision to deal with it. It has both visible and intangible costs for the whole family including Drainage of financial resources, Income loss due to reduced productivity, disability due to excessive usage of drugs, emotional distress, domestic violence and child neglect.

However, it’s one of the consequences can be dealt by the section 13, form of cruelty under grounds for divorce.

NEXUS BETWEEN SUBSTANCE ABUSE AND DOMESTIC VIOLENCE IN INDIA

Generally, substance abuse causes mental and physical distress of the person involved in it along with several implications on his relationships. Substances like alcohol, nicotine, and compressed drugs can induce personality disorders, leading to health problems such as hyperthermia, hostility, mood fluctuations, seizures, psychosis, and heart failure. This not only affects the individual experiencing it but also has a significant impact on their intimate partner. 

The substantial alteration in the behaviour of individuals consuming such substances has profound effects not only on their health but also on their immediate environment. One significant outcome is the occurrence of domestic violence and an increase in divorce cases in India due to its influence on an individual’s behaviour and cognitive function. Under the influence of alcohol, inhibitions are lowered, and rational decision-making is impaired. This altered state can escalate tensions and contribute to aggressive outbursts, resulting in violence within the confines of domestic spaces. Physical injuries, emotional trauma, and a pervasive atmosphere of fear thereof can permeate the lives of victims, majorly women. 

In a similar case of Joosy Razdan vs Sanjay Gangoo, the cause of job losses as a result of substance abuse was termed to constitute as cruelty under section 13 of Hindu Marriage Act. However, the matter faced quite difficulties in proving that the losses were the direct consequence of the husband’s drug addiction.

Mira Kulkarni, Founder and CEO of Forest Essentials, for instance, have fought domestic violence as a result of drug abuse within her marriage and fought battles of divorce before shining as a single mother businesswoman. This case study shows the need to categorise the cases of domestic violence in India specifically related to nicotine abuse, alcohol addiction etc, and ease the process of divorce for the same. 

Another aspect is the perpetuating nature of this problem. Children exposed to such violence may suffer long-term psychological damage, perpetuating a cycle of dysfunction in future generations. In environments where children are raised amidst such conditions, they often experience a decline in their mental well-being and adopt aggressive behaviours modelled after their parents.  This results in a multi-generational problem of substance abuse, making it a more severe issue than it might appear.

 Hence, it is crucial to examine the underlying causes and implement legislation that specifically focuses on the well-being of the affected individuals. Therefore, it is absolutely essential to look at the root causes and adopt a specific victim centric approach in the current legislations.

COMPLEX LANDSCAPE OF DIVORCE BY SUBSTANCE ABUSE IN INDIA

Divorce is another major outcome of the substance abuse cases in India.  While instances of substance abuse often go unreported in smaller families, in middle to high-class families, cases of post-marital substance abuse may lead to divorce proceedings based on grounds such as cruelty or fraud, particularly if the habit was undisclosed prior to marriage. These divorce proceedings pose a different set of problems including property share, child custody etc. 

The identification of actual victim in such divorce cases is a challenging task as most substance abusers are unintentional and addicted, failing to avoid this habit. Marriages affected by substance abuse often encounter societal stigma and bias. Those dealing with addiction may face judgment and exclusion, impacting not just the couple but also how extended family and the community perceive them. 

Those engaging in substance abuse may also be individuals who have faced victimization, subjecting them to humiliation and marginalization without due consideration for potential alternative remedies, such as counselling. Divorce is an extreme step but unfortunately our laws do support this over any neutral solution. For this reason, actual recognition of the marriages involving persons with substance abuse is essential to reach to a conclusion of either annulment of marriage or resolving the marital issues through counselling, rehabilitation. 

The paper therefore directs itself towards the possible gaps in current legislations of domestic violence in the landscape of Hindu Marriage Act and an immediate need to specify substance abuse solutions. 

Legal Position of substance abuse within marriages

The author analyses the interconnected provisions of two most important legislations in this regard, namely, Hindu Marriage Act 1955 and protection of women from domestic violence act 2005. This is done to ensure the harmonious construction of the underlying provisions with a victim centric approach and reach to an amicable solution to the problem.

HINDU MARRIAGE ACT, 1955- A POSSIBLE AMENDMENT?

Section 13 of the Hindu Marriage Act, 1955, delineates nine fault grounds for divorce. These grounds, often rooted in the guilt theory or referred to as fault grounds, include offenses like adultery, desertion, cruelty, and insanity. In order to secure a divorce decree, one of the parties must substantiate at least one of these statutory grounds. As affirmed in the case of Rajender v. Anita, the court emphasized that the termination or dissolution of a matrimonial relation (marriage) cannot occur on a basis not explicitly specified within the provisions of the Hindu Marriage Act, 1955. This underscores the requirement for adherence to the specified grounds for divorce as outlined in the legislation, reinforcing the legal framework that governs the dissolution of marriages in accordance with the Act. 

Substance abuse in itself does not mention itself as any grounds for divorce in the act which creates a possibility of its misuse in avoiding much needed divorce. Many a times people fail to prove the consequences of substance abuse such as alteration in behaviour, mental cruelty etc., leading to victimization of the spouses already suffering in the toxic married life.  

Under the Hindu Marriage Act, 1955, establishing “cruelty” as a basis for divorce requires the petitioner to demonstrate that the spouse has subjected them to persistent or repetitive mistreatment, causing a reasonable apprehension of harm or injury from continued cohabitation.

In the 2007 case of Maya Devi v. Jagdish Prasad, the Supreme Court clarified that such cruelty is not limited to physical harm. In this instance, the court addressed a divorce petition where a man accused his wife of cruelty, emphasizing that the definition of cruelty extends beyond physical abuse

Academics and legal experts have consistently advocated for broadening the scope of Section 13 of the Hindu Marriage Act, particularly concerning cruelty grounds related to alcoholism, substance abuse, etc. We endorse this position, taking into account the specific mention of substance abuse, which has emerged as a pressing issue in today’s world.

 In a recent development, news surfaced regarding Kashmiri women who legally divorced their spouses afflicted by drug addiction, defying societal taboos and overcoming the fear of judgment. One such case involves Rifat, a 27-year-old woman who sought divorce from her husband due to his violent behaviour fuelled by drug addiction. She is part of a group of 40 Kashmiri women who have taken legal measures to end their marriages. The drug dependency of their husbands inflicted both mental and physical trauma on these women. Their actions serve as a legal testament to empowered individuals who have asserted their rights, combating social issues such as substance abuse. This induces them to seek for divorce or separation which becomes difficult for them to prove in the garb ambiguous definition of cruelty of Hindu marriage act.

Therefore, a specific sub section addressing victimization due to substance abuse should be introduced and categorised in both grounds of fraud and cruelty according to the circumstances of the case. 

 

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

33% of women in India suffers from domestic violence due to substance abuse. Section 3 of the aforementioned act refers to the definition of domestic violence. While the marital bond sees many fights and arguments between the spouses, it is absolutely essential to demarcate the thin line boundary of arguments and abuse. Arguments are a result of heated communication between spouses while abuse is the consequence of the altered behaviour of any of the spouse without the actual knowledge of its consequences. Women face the marital discord and burden of managing the family when there is substance abuse.  

 Therefore, the analysis of relevant sections of HMA and domestic violence act is pertinent to arrive at the conclusion regarding substance abuse problem in India. 

The sections 3a and 3b does not require intention or knowledge to commit the offence of domestic violence. It is justified to be within the terms of the definition even if it was conducted under undue influence or in the heat of aggression. This means that spouses acting on substances like nicotine, drugs etc, and abusing makes them liable for their acts as much as a normal non drug addict would do. There is no justification to a voluntary intake of such substances and then hurling physical and mental cruelty to someone even if it is done as a part of uncontrollable addiction. 

Hence, it is imperative to clarify the legal stance on this matter and enhance awareness regarding the pressing nature of the situation and its repercussions, particularly for numerous individuals, predominantly women.

In the case of Inder Raj v. Sunita, he Delhi High Court addressed a constitutional challenge to the validity of Section 498A, contending a violation of the right to equality under Article 14 of the Indian Constitution. The court affirmed the provision, asserting that the legal definition of “cruelty” provides clarity, rendering its interpretation non-arbitrary and constitutionally sound. This ratio is well defined in terms of its usage in IPC. What the author seeks is the specification of the terminologies in the civil law than any criminal law to promote counselling of the abusers than directly penalising them. However, it should not be carried out compromising women’s rights. 

The Malimath Committee Report on the criminal justice system determined that Section 498A fails to assist either spouse in cases of domestic violence. By categorizing “cruelty” as a non-bailable and non-compoundable offense, the provision often results in the unjust arrest and imprisonment of innocent individuals, causing stigmatization and significant mental and physical hardships. According to the report, the stringent nature of Section 498A makes reconciliation or a return to the marital home practically unattainable. 

Therefore, the framing of IPC sections should not penalise substance abuse directly but the act of substance abuse if it is causing cruelty to an extreme level which is further elaborated in the suggestions of this paper. 

Divorces remain stigmatized in Indian society, prompting numerous wives to endure the unjust behaviour of abusive husbands in the hope of a transformation. The societal narrative often puts blame on the innocent spouse, suggesting that their actions may have contributed to the other spouse’s substance abuse, resulting in the secondary victimization of these women. 

The cyclical nature of such substances fuelled domestic violence poses a significant challenge. The addiction creates a volatile environment, and the repercussions of violence often exacerbate the substance abuse issue. This vicious cycle requires a nuanced approach that addresses both the addiction and the underlying factors contributing to the violence.

The underlying provision for counselling is mentioned in the act. However, the major stakeholders are missing from the provision for counselling provided under section 14 of the act. Only the magistrate can direct only the aggrieved for the counselling, the abusers are removed from this ambit and it shows the autonomy of the magistrate than the call of the situation to apply for the counselling.

This is the reason why our victim centric approach calls for restorative justice which not only provides welfare to the aggrieved but also reforms the perpetrators in order to defy the root of the problem. 

SUGGESTIONS

The discussed problem of substance abuse is not uncommon in today’s era. In the garb of this patriarchal society, the women and the children are the most suffered by the abusive behaviour of their spouses and father. Not only domestic violence, physical and mental abuse but also financial abuse, asking for non-consensual sex, a father raping his daughter are crimes not unanticipated today. The reasons for this abusive behaviour, the paper focuses are the consumption of substances such as nicotine, alcohol, dry drugs etc.,

However, as already established the requirement of intention to commit such derogatory offences on ones’ spouses does not matter as inferred from the protection of women from domestic violence. This extreme position of the present laws has both pros and cons. While this becomes a safety net for the women seeking assistance, rehabilitation and justice against the assault they have been put through, it sometimes takes a reverse effect by punishing someone who loves his/her family and never intended to destroy their marriage. These are the people who are willing to change but unable to do so due to the long-term addiction they have acquired. 

While many legislations escalate victimisation of women and allows their counselling and assistance, they ignore the abusers who can be transformed by giving them a better direction towards their life. 

The author suggests the following reforms and steps to enable a better administration of substance abuse cases within Hindu Marriages while promoting harmony and justice together. 

• The terminology used in HMA in section 13 explaining fraud and cruelty should be broadened and elucidated enough to give it a clarity. This means that keeping in mind the urgency of the situation, a separate sub section of substance abuse within marriages should be made a valid ground for divorce, while also mentioning a ceiling limit on the degree of the punishment to avoid the misuse of the proposed sub section. This is to be coupled with ensuring child custody or divorce considerations. 
• The settlement of marriages is an ignored concept and comes into notice through mediation process when there is a talk about divorce. The author suggests keeping a section for settlement process of the married couples, whether separated or facing separation due to abusive behaviour of one partner. This section would call for an unbiased yet victim centric approach to address the marital abuse and look for the solutions beneficial to the marriage without compromising individual rights. 
• Counselling and psychological reformation is suggested to resolve the root cause of substance abuse by the people. To guide them better and monitor them would allow them to drop this harmful habit and move to a resolution. These counselling services should be made readily available and can be done at daily life institutions such as religious places, government initiatives or basic community centres. 
• Institutional reforms are achievable through a government-private collaboration by setting up a welfare committee addressing cases of domestic violence due to substance abuse specifically and not just any abuse towards woman. Specific attention has to be paid to unregulated selling of nicotine, marijuana, drugs etc., to control its flow to the people. 
• Marital rapes are one of the consequences of substance abuse within marriages. Being legal in India, Hindu patriarchal society overlooks this and blames women for not satisfying their men and thus facing karma. Awareness and Education can only solve this. Our childhood education is what we carry our whole lives, Children’s books should be precultured by inculcating thoughts on married life right from an early age to shape their mindset. Counselling of the parents in schools and colleges should be opened to increase the jurisdictional ambit of reaching toxic or abusive marriages.  
• Victimology and Criminology should be done by academicians and scholars by consulting them, to formulate laws and policies on this subject so as to reform victim’s lives than just punishing the offenders. 
• Justifying unjust marriage laws under the garb of non-state intervention of such “Personal Laws” should be stopped as any human rights violations brings any law under scrutiny of the courts. Societal Taboos and fake news should be regulated on social media and should be tackled through consistent mandatory counselling and therapeutic sessions for the spouses. This could be a part of the marriage registration process or introduced when there is a complain of substance abuse issues. 
• Section 498A IPC pertaining to domestic violence could be amended to constitute other added offences such as substance abuse which are the major cause of such violence today. Alcohol and drug addiction shall be monitored through these sections
• It would offer a twofold advantage by not only diminishing instances of such abuse but also ensuring the protection of those struggling with addiction, as the potential legal repercussions would act as a deterrent, discouraging them from engaging in such behavior.
• Community support helplines and groups could be initiated where individuals facing substance abuse issues can seek help, share experiences and receive guidance. 
• Every offence has a reason to it. While the motive of the paper was to focus on the reasons and causes of the problem, then digging out the solution. Lack of awareness, jobs and marital responsibilities are major reasons for people getting involved in substance abuse. To solve this root cause, we should promote vocational training at a cheaper rates and employment opportunities at societal levels to. For instance, any abusive poor husband could be inducted as a watchman of the society. The acceptance and endorsement of the society towards the skills and job training is a much-needed step to curb this menace and save many families. 

CONCLUSION

India has been a vibrant cultural country since time immemorial. Marriages have been our sacred practice. However, as we studied abuse in marriages are nowhere a uncommon phenomena today. As time passes, only the reasons for the abuse changes, keeping the harsh situation of women intact. Substance abuse, as we saw is a common practice majorly by husbands either from before their marriage or during their married life. This induces them to adopt abusive behaviours towards their wives and children, impacting their physical and mental health. Hindu community, being a majority in the country, was selected for the research. Hindu Marriage Act 1955 was scrutinised to know the current status of victims of substance abuse in the legal framework and further policy reforms were suggested. This victim centric approach was adopted to analyse the condition of substance abuse victims in their married life. However. The other side of the story was not missed out.

The author has also examined the reasons and consequences of the abusive behaviour and whether there is any requirement of intention to qualify as the cruelty for grounds of divorce under HMA. Moreover, the nexus between domestic violence, divorce and substance abuse in marriages were separately looked at to figure out the root of the problem and come to a conclusion. It is suggested to initiate institutional reforms in this area to dig out the solution and save many marriages from the impact of harmful substance abuse like nicotine, alcohol. The authors thus conclude that the practice is a dynamic problem considering its changed forms, however has to be dealt both from the eyes of the victims and the perpetrators. Except in extraordinary circumstances wherein there are extreme human rights violations by an abusive spouse, the paper promotes an amicable solution than a divorce in regular circumstances through counselling sessions, Fitbit sessions etc., for the abusers and seek settlement of marriages than their absolute annulment. 

 

REFERENCES

Rajinder Bhardwaj vs Mrs. Anita Sharma., AIR 1993 Delhi 135.

Inder Raj v. Sunita., 1986 CriLJ 1510.

We took the reference from an article which was originally published on Indiankanoon website. The link for the same is herein–https://indiankanoon.org/doc/1234262/

We took the reference from an article which was originally published on Indiankanoon website. The link for the same is herein – https://indiankanoon.org/doc/38021893/

We took the reference from an article which was originally published NCRB website. The link for the same is herein – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2851021/

We took the reference from a blog which was originally published on guests house locals website. The link for the same is herein – https://www.theguesthouseocala.com/the-connection-between-substance-abuse-and-divorce/

We took the reference from an article which was originally published website. The link for the same is herein – https://sites.google.com/site/divorcelawsinindia/nullity-of-marriage-in-india

We took the reference from a book which was originally published website. The link for the same is herein – https://www.unodc.org/pdf/india/Women%20Book-6-5-03.pdf