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Anonymous
in Civil Law Constitutional Law Health Law
Asked May 13, 2017

Wrongful Confinement

  • 1 Answer
  • 576 Views

I am a 37 year old bachelor, an engineer by qualification and an entrepreneur. My father brought me up violently. For no apparent reason he would thrash me with wooden rod. As a child I was helpless and frustrated. He continued the same in my adulthood as well. After one such incident, at the age of 32, I decided I had it enough, and went to the police to demand an action against him. The police reprimanded and let him off. The family i.e. my father, mother, elder brother and sister in law got together and visited a psychiatrist, who to the utter horror, never even saw me once and started prescribing anti-psychotic medicines to be added to the unsuspecting food I was supposed to have (Surreptitious medication). The man who never smoked or drank in life, a staunch believer in Ayurveda, was subjected to prescription drugs for a period of 2.5 years that turned him into vegetative state. Psychosis is a mental condition in which delusions (unreal beliefs) and hallucinations (seeing or hearing people not actually present) occur. I had no history of the same. The doctor wanted to make business of the visiting family and took my life for a ride for a mere Rs 1000 that the doctor would make from the family's each visit. I got to know about the misadventure only when one of my friends who used to visit my place and have food with me was told not to have food from a particular bowl the medicine was added to. When the family didn't approve of the friendship, she spilled the beans to me. I immediately complained to the police. The documents police received said that the misadventure was on since last 2.5 years. The police was bribed to suppress the complaint. The investigating constable later even destroyed the papers pertaining it. I swallowed the bitter pill and gave my family a 10 month time frame to compensate me. They didn't and were unrepentant. After the 10 month period, I approached the Commissioner of police to restart the investigation. The day my medical began, I was kidnapped at the behest of my family. 5 people barged into my room, pinned me down on the bed and put 6 injections in my veins. All this 1.5 hours of struggle, I believed I was being murdered as they did not tell me the purpose of their visit. One of my fingers was deformed in the action. They were from rehab for mental patients. I was forcibly taken there. During my stay there, I was made into believing that I had delusions (comically the delusion they say is that I feel my family does not care about me, as if there was any less evidence of the same) and was forced to take brain numbing medicines (which I tricked them into taking but spit it out in secrecy) which would have rendered a person in vegetative state, just good enough for living. The dangerous anti-psychotic drugs are fraught with side effects that range from weight gain, lethargy and tremors in physical body to diabetes, sexual dysfunction, dementia and cardiac arrest. In fact anti-psychotic medication causes psychosis in normal people. Their clinical observation clearly talked about the absence of psychosis in me but milking the patient was way ahead in their agenda than my life. In sheer disregard of human rights, the doctor not just forced medicines down his patient’s throat, but also curtailed all policing and legal aid to the patients. With 20 feet high fences of barbed wire throughout the periphery, intimidating bouncers on the payroll, no access to phone or internet, the rehab is nothing short of a private jail. Incidentally, the internet is full of incidents calling this psychiatrist a fraud. He is guilty of admitting patients without a sufficient cause. Disgruntled family members seem to be using the facility as a detention centre sums up the top complaint. After spending 100 days there, when they could not make me a worthless piece of life, they declared they are not going to leave me. I jumped 2 floors to escape and tell the world my sordid saga. When I came back and complained to the DCP, I got to know that the police permission which was a mandatory action in the pick-up of a patient against his will, was taken a day after the incident, hence conforming to a kidnap. This also uncovers the family's/doctors intentions. I am currently staying away from my family. The police investigation in the matter is on. I seek legal opinion on - They have misused the right as a blood relation to get me admitted to a mental hospital. I need judicial remedy, if any, so that they cant misuse the blood relation tag again. (Defensive) - Till the time the police investigation completes and a case is filed, is there any legal offensive I need to launch against the doctors and family. (Offensive) - How can I generate support for my cause as I am alone in my fight for justice?

Answer 1

Multiple offences seem to have been committed in this case.

  • First, your family members can be charged for Criminal Conspiracy under Section 120A of the IPC.

 

  • The Police would be liable for accepting bribe under Section 116 of the IPC. Section 116 of the IPC mentions the act of abetment by a public servant whose duty it is to prevent the offence. Also under Section 13 of the Prevention of Corruption Act, the police officers wold be liable for Criminal Misconduct.In addition to these, the police will be liable for destruction of evidence under Section 204 of the IPC.

 

 

  • Your family members and the persons from the rehab for mental patients would be criminally liable under Section 157 of the IPC, i.e. the offence of Assault or use of criminal force in attempt to wrongfully confine a person. Along with this, they will be liable under Section 365 of the IPC for Kidnapping or abducting with intent to secretly and wrongfully confine a person. Since, in the rehab you were subjected to grievous hurt, they may also be charged under Section 367 for kidnapping or abducting in order to subject you to grievous hurt.

 

  • Your family members and the persons from the rehab would be liable under Sections 322 and 326 of the IPC for Voluntarily causing grievous hurt by dangerous weapons or means. Section 326 specifically states, “Whoever…voluntarily causes grievous hurt by means of …any poison or corrosive substance…or by means of any substance which is deleterious to the human body to inhale swallow or receive into the blood … shall be punished…” The act of injecting 6 syringes into your vein should qualify as offence under this section.

 

 

 

  • Since investigation has started, in the meanwhile, it is advisable to approach the National Human Rights Commission or the State Human Rights Commission since they do take note of such sensitive cases of abuse by family members, especially when mental health of the victim of concerned. Therefore do approach them with your problems at the earliest.
Agree Comment 0 Agrees over 3 years ago

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