Mental health issue
Angshuman
(Querist) 29 December 2011
This query is : Resolved
My Mom ( Age 60) was under treatment of an psychiatrist from 1996 till 2008 after having mental sickness and brain scans.She suspects my father(age 64) is getting involved with other women and is depriving her and which is not at all correct.
She thinks she is fine and does not listen to any one of us.We ,brothers stay in different cities and tried by all means to convince her.She remains fine under medicine and Psychiatrist says she can do anything when she switches from depression to aggression.Only my father and mom lives in house and my father takes all care of her.They are living married life for last 36 years.
Even though she has filed a case against my father U/S 125 in local court which was
transferred to lower court and the her plead for INTERIM is rejected.We did not knew that she is giving put ups and saying as she will withdraw the case.
We want to resume the treatment and we are confident even treatment for 15 days will bring her back as the similar thing happened eariler too.
Problem is:
1.She is refusing to talk to any and all psychiatrist and even over phone as she thinks she is fine and all we are conspiring against her.
2.We have only a few prescriptions of psychiatrist whom she used to visit earlier.
3.She is becoming violent ( keeping Gas cylinder open,threatening of 498A to my father)
Is there any way to give her treatment?
Devajyoti Barman
(Expert) 29 December 2011
Please consult a Doctor than a lawyer to give her treatment.
Moreover you have repeated the same query.
Angshuman
(Querist) 29 December 2011
@Devajoti:
Query is different.
Wanted to know the legal side of starting a treatment.
FYI..
1.No Psychiatrist in INDIA treats a patient until the patient is willing for treatment even if the Patients keeps on killing others.They cannot prescribe any medicine even if I consult a doctor.
2.I have already consulted DoctorS.
3.Why I am seeking a help of Lawyer---
I came to know from those Doctors that
There is a Law on Mental Health 1987.
where a patient can be treated for 90 days by admitting him/her in a psychiatric nursing home.
AND here help from a Lawyer is required.As I am not a Lawyer I am begging for the guidance on that part.
Angshuman
(Querist) 29 December 2011
@Ashutosh:
It is not repeated query.
prabhakar singh
(Expert) 29 December 2011
Dear Mr.Angshuman!
True there is an enactment governing this issue.The whole Act can be found on site http://www.disabilityindia.org/mentalact.cfm
You need a reception order from a magistrate.
Magistrate" means -
in relation to a metropolitan area within the meaning of Cl (k) of Sec. 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
in relation to any other area, the Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Act.
THE APPLICATION SHALL BE MOVED UNDER SECTION20 OF THE ACT BY YOUR FATHER.READ IT AS I AM REPRODUCING IT FOR YOUR READY REFERENCE:
20. Application for reception order
An application for a reception order may be made by -
the medical officer-in-charge of a psychiatric hospital or psychiatric nursing home, or
by the husband, wife or any other relative of the mentally ill person.
Where a medical officer-in-charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill- person is undergoing treatment under a temporary treatment order is satisfied that -
the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or as the case may be, psychiatric nursing home is required to be continued for more than six months, or
It is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home.
He may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill-person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.
Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill-person under a reception order in a psychiatric hospital or psychiatric nursing home.
Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.
No person -
who is a minor, or
who , within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application under this section.
Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.
Form and contents of medical certificates WOULD BE AS LAID IN SECTION 21:
Every medical certificate referred to in sub-section (6) of Sec. 20 shall contain a statement -
that each of the medical practitioner referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him;
that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.
Procedure upon application for reception order WOULD BE FOLLOWED AS LAID IN SECTION 22 AS GIVEN BELOW:
22.Procedure upon application for reception order
on receipt of an application under sub-section (2) of Sec. 20, the Magistrate may make a reception order, if he is satisfied that -
the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment; or
it is necessary in the interests of the mental and personal safety of the mentally ill person or for the protection of others that he should be so detained, and a temporary treatment order would not be adequate in the circumstances of the case and it is necessary to make a reception order.
On receipt of an application under sub-section
of Section.20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.
If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.
If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill-person as he thinks fit.
The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate such notice shall be given.
If the Magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.
On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of -
the applicant:
the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);
the person who may be appointed by the alleged mentally ill person to represent him; and
Such other person as the Magistrate thinks fit. and if the magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detail him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.
If any application is dismissed under sub-section(7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.
FEEL FREE TO COME BACK FOR ANY EXPLANATION.
prabhakar singh
(Expert) 29 December 2011
YOU SHOULD BROWSE QUIRES OF PAST,I HAVE ATTENDED SIMILAR QUERIES THRICE,ONE IN LAST 10 OR 15 DAYS.
prabhakar singh
(Expert) 29 December 2011
SIMULTANEOUSLY I ADVISE YOU TO CONSULT A GOOD HOMEOPATH ALSO AS THERE ARE MANY EFFECTIVE REMEDIES IN HOMEOPATH,SHOW HIM DETAILS AND CONCLUSIONS OF Psychiatrist AND TELL ENTIRE CASE HISTORY [WRITE THEM ON PAPER]AND THEN TAKE THE PATIENT TO HIM AS THEY EXAMINE FROM BODY LANGUAGE ALSO.
prabhakar singh
(Expert) 29 December 2011
R U THERE Angshuman! RESPONSE PLEASE!
Nadeem Qureshi
(Expert) 30 December 2011
Dear Anshuman
I think Mr. Prabhakar clearly informed you about all the facts & opinion about your query.
Deepak Nair
(Expert) 30 December 2011
Yes. Prabhakar sir has answered the query in detail.
Thanks a lot to prabhakar sir.
I too could learn something new.
Angshuman
(Querist) 30 December 2011
Thanks To Prabhakar Sir.
She was under treatment of a renowned psyciatrist.And was fine.But It is her taboo to not to go to any psyciatrist or a doctor thinking that people will call her a "psyco".
The doctor even told us to arrange atleast a phone call with her and he will take up by convincing her.But she refused to take any call also.
We are left with no other option but to take a legal help.
Unfortunately,some of her brother and sisters are provoking her to do many damage.
I moved out yesterday hence could not respond to your answer.
I have following questions on this regard:
1.We have few prescriptions of her.Most of the prescription were submitted to my fathers office for reimbursement.
2.Last visit to the doctor was on 2008.After that we consulted the doctor.He said he understand the problem and ready to talk to her or tell any legal authority formally regarding treatment required for her.Also he confirmed that any psychiatrist will easily understand the issue talking to her.
will these be sufficient for application?
As I assume she will resist and will try to prove that she is normal.She will try to prove that since she has filed a case on 125 and hence my father is taking revenge doing this.Is there any risk on my father side?
RAJU O.F.,
(Expert) 30 December 2011
Find a good psychiartist, who will advise you the way, for bringing her for treatment.
Shonee Kapoor
(Expert) 01 January 2012
Ask the court for examination by a panel of experts to come to just conclusion. There are precedents of the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
