In India can a person who has been unnecssarily detained in a mental institution take any legal action?

Question

I went to a mental hopital along with some of my relatives, not knowing that it was a mental hospital. there i was virtually kidnapped and locked up for no reason in a dungeon like place they called the high risk ward. i wasn't given any reason for my detention, there was no documentry evidence to prove that I was abnormal. I'm well aware that under the mental health amendment act of 1987 there is no provision of punish ment against a doctor for unnecessary detention. but can I appealm to the Indian medical association or some other body for the same? Can I sue the hospital for compensation? I was admitted under a fake name. Will this affect my case in any way? Can I sue my relative also? And if so what shoyuld be my first step? should i lodge an FIR first. And how is unnecessary detention proved in court? If any lawyer is reading this, please help.

Answer 1

The very fact that you stated you went to this mental hospital along with some relatives who in connivance with medical practitioner virtually abducted & locked you in a cell, this itself seems cooked up story. The very fact the Provisions of the old The Indian Lunacy Act, 1912 now repealed & the new THE MENTAL HEALTH ACT, 1987
Clearly provides the complete procedure for admission on voluntary basis as well admission under special circumstances. In your case if you were admitted to this mental hospital as you stated by force or fraud then the question of going into the provisions with regard to admission by voluntary basis doesn't arise & the provisions with regard to admission under special circumstances only will be applicable. Such admission can no doubt be made on an application made in that behalf by a relative or a friend of the mentally ill persons if the medical officers-in-charge is satisfied that in the interest of the mentally ill persons it is necessary so to do. But this provision under section 19 of the Mental Health Act, 1987 has to be read & followed by next Part (iii) of the said Act, which provides the complete procedure regarding RECEPTION ORDERS meaning an order made under the provision of this Act for the admission and detention of a mentally ill person in a psychiatric Hospital or psychiatric nursing home. Under this part the most important thing is that the Magistrate makes a reception order after going through the whole relevant evidence regarding the mental illness & being satisfied about it & the most important thing here is that the magistrate considers this application for reception in presence of the alleged mentally ill person, in this case which you is. This whole record regarding this legal proceeding is kept & is open for public inspection. The mental hospital shall in no case admit & keep in custody any one without the reception order of the magistrate. Now in your case you say you were kept in the mental hospital, detained just by the mental hospital staff in connivance with your relatives is thing which seems indigestible to me. You also say you were admitted & kept under fake name, which again is unbelievable statement, the proper identity of the mental patient has to be confirmed & document relating to that has to be produced before the magistrate without checking this fact any such reception order can be passed. This whole episode you have related here I wont say is completely wrong but what I think that even if you had gone for mental treatment for some time you don't remember the complete facts regarding the whole procedure that was followed by in your case, the only thing you remember that you were given treatment in the mental hospital by doctors on the application of your relatives, as far the fake name is concerned in the mental asylum the patient actual name is not used for his or her identification but they are allotted numbers which must be in your case which you feel as fake name. If you want to check what all happened with you during this whole period then better visit the District Court of the area were you live & do inspection of the magistrate court records with regard to your case, this will remove any doubts in your mind as at the time all these proceedings were been conducted your mental condition was not so to understand what was actually been done in your case. No problem it happens with most of the mentally ill people when they recover from their mental illness they forget or unable to remember completely that period when they were ill.

Answer 2

You definitely have a legal remedy. You can file criminal case under Sec. 340 IPC for wrongful confinement, Sec. 362 IPC for Abduction, Sec. 120-B for criminal conspiracy.

You can also file a civil case against the hospital and its management if they have detained you under a false indentity and if they have misbehaved with you in any way.

But law is based on evidence, so you need to collect evidence to prove your allegations. Normally, mental hospitals dont admit patients without consent of a gaurdian and the medical opinion of a registered medical practitioner. You can get a medical opinion to state that you are perfectly normal from a govt. hospital and use this as basis to proceed against who ever took you to the mental hospital without your knowledge or consent. Maybe there is some property dispute or some other dispute involved for them to do something like this to you.

Answer 3

It is sad that some rascals detained you in a mental hospital. Since you were admitted under a fake name, you may appeal to the court as it is a case of forgery by the doctors. But I am not sure if you will succeed or not, if you are an Indian. You may pray God, however. He may help you.

Answer 4

There's not enough room to hold 'em all probably (((Seals)))., so they prioritise based on whether the person is perceived to be a danger to themselves or others. I'm working with someone who told me yesterday that God talks to her - yes, an actual voice speaks to her. How freaked out am I at having someone who hears a voice, and claims guidance from the voice, working across the desk from me? Pretty freaked out. Edit - Yup! She's a born again Christian. Rare in the UK, I know, but yet, there she sits opposite me waxing lyrical about this voice of her's and bragging about her belief in Young Earth Creationism. It's absurd and frightening at the same time. I knew she was a Christian when I started, as my manager warned me, but I didn't realise she was a Fundy. It's been a crazy 24 hours, I can assure you. I'm looking for other employment.

Answer 5

thank god you are free to think rationally and write this on Yahoo.

Indian legal system is so slow that if you try and redressal for your grievance , you will get old and may be ready to be admitted to Mental institution again, and now it will be a genuine admission, under your real name and for a longer period with lots of electric shocks and lots of drugs..

Better forget whole issue and concentrate on peace of mind. do meditation, spend your time in creative work.. at least enjoy yourself.. instead of remembering and recalling the bad experience..

I have sypathy for the torture you underwent and humiliations of that kind but now get yourself into gear and take charge of your life ..
You have heard old proverb.. Keep away from Lawyers, Prostitutes and Healers . who are for your money only.

use your money for those who need it , give your time for Meditation and spiritual activity for self . Help others in this direction..

There is psychological law also that Hate begets hate.. so your revengful actions will keep you perpetually into hate and vengence.. where will you get peace of mind.. but old wounds may get again live and you may become a candidate for mental institutions this time..

No .. not you deserve this..

Answer 6

First you went to the Hospital by mistake.It seems due to the misunderstanding, all happened.

Answer 7

Post your query at...

www.lawguru.com
www.legalservicesindia.com

u will have a couple of lawyers response to your case....

Answer 8

You have no case.

Answer 9

definitely if you are to come from there alive.