Vol.:(0123456789) Jindal Global Law Review https://doi.org/10.1007/s41020-021-00154-5 1 3 ARTICLE The soundness of ‘unsoundness’: Marriage, divorce, and mental disability in India Pinki Mathur Anurag 1 Accepted: 27 September 2021 © The Author(s), under exclusive licence to O.P. Jindal Global University (JGU) 2021 Abstract The article argues that family laws in India that allow nullity and divorce on grounds of ‘unsoundness of mind’ and ‘mental disorder’ discriminate against persons with mental disability and violate international law on rights of the disabled. Drawing from international human rights law, contemporary disability rights principles and models of disability, the article presents a critical overview of family law and judge- ments on nullity and divorce on grounds of ‘unsoundness of mind’ and ‘mental dis- order’ and builds a case for removal of mental disability as a ground for annulment and divorce. Keywords Unsoundness of mind · Marriage · Divorce · Nullity · Disability 1 Introduction Family laws in India list mental disability as a ground for annulment and divorce under specifed conditions. Rooted in the notion that ‘unsoundness of mind’ 1 ren- ders a ‘normal’ marital relationship questionable, legal provisions such as these seri- ously restrict the human right to marry and found a family 2 for persons with mental disability. ‘Soundness of mind’ as a condition for a valid marriage, and ‘unsound- ness of mind’ as a ground for nullity and divorce remain areas of critical concern from a disability rights perspective. This article seeks to build a case for the removal of mental disability as a ground for annulment and divorce in India. In doing so, * Pinki Mathur Anurag pmanurag@jgu.edu.in 1 O. P. Jindal Global University, Sonipat, India 1 ‘Unsoundness’ is a term used only in law and has no equivalent in medical science. 2 Standard Rules on the Equalization of Opportunities for Persons with Disabilities (adopted 20 December 1993) Resolution 48/96 annex (SREOPD) rule 9; International Covenant on Civil and Politi- cal Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art 23(2); Universal Declaration of Human Rights (entered into force 10 December 1948) 217 A (III) (UDHR) art 16.