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Shankar (owner)     02 January 2014

Wrongful confinement

I was locked up in an alcohol & drug rehabilitation center in Mumbai for 6 months. I never consented to the stay, I never signed anything. I was 22 years old at the time of admission. My mother signed my "admission form" on stamp paper. I was not allowed access to a phone or laptop for the entire 6 months, as a result of which my business was ruined. I have sustained loss of at least 18 lakh rupees as a result of my business being ruined. I have documented proof of earning Rs.3 lakhs/mo average for 5+ years.


In this rehab center 20+ of us were made to stay in the same dormitory. Even though I also smoked cigarettes, there was no way out because there was no non-smoking area facility.


I was slapped across the face once. I was made to stand and sit in stress positions many times (i.e kneel down, hold up chairs etc.). I was made to wash 100s of utensils and clothes with my hands. I was made to eat food with my hands.

 

Others were beaten very brutally. Tying people upside down on a grill and beating them with steel pipe was a common punishment. As was tying on an iron cot and leaving them there for days without even untying for going to the bathroom. This created an atmosphere of fear (psychological torture for me?)

 

Most of the people who are brought there are kidnapped from their homes by the center. Almost nobody goes willingly.

 

There was forced religious indoctrination (alcoholics and narcotics anonymous 12 steps) and when I once expressed my disbelief in God I was punished by being put in isolation for an entire week and fed only watery daal and rice. They specially made the daal watery as punishment. I lost 4 kg weight in that week.


What action can I take against the center and my mother? Is it possible to take action only against the center and not my mother? Can I expect financial compensation? Is it advisable to take action in my current situation i.e I am not very well off at the moment but the center has money and connections/what is the statute of limitations.



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2014

What are the reasons to send you that place by you mother?

T. Kalaiselvan, Advocate (Advocate)     02 January 2014

Was it a de-addiction program? What was your condition before and what is it now?, who looked after the business in your absence and who is looking it after now? What is your mother's reaction now? You have given a picture about the activities of the centre, but you have not given the facts of your self so that you can get a proper advise on the subject.

K.K.Ganguly (Advocate)     03 January 2014

1. An adicted person will never give consent to be admitted in de-addiction center,

 

2. You might have lost some money but have you been de-additced now?

 

3. If yes, then the said loss is worth incurring. 

Shankar2 (owner)     04 January 2014

I'm not able to login for some reason so I made another account, request the admins to please merge it.


Yes I did abuse alcohol and some drugs. I got diagnosed with pancreatitis and an enlarged liver in 2010. I continued to drink and do drugs after that. I would not have minded this program if I had access to my laptop and phone and if the treatment were humane, my newfound mental clarity would have helped my business tremendously. But I wasted the whole 6 months. My business partner in the US (it's an ecommerce business) was managing the business in my absence and there was a significant decline in revenue in my absence (and my own share works out to practically nothing).


There was no qualified staff in the center, it was just people who had been thru rehab themselves and were spreading the 12 step gospel. The most objectionable thing was the daily violence and atmosphere of fear.

There is no clear diagnosis nor magic cure for addiction so I am not sure if I have been de addicted. I haven't drank or done drugs since I got out though and I don't particularly want to any more. I still get memories of the many good times I had but I am able to divert my mind now and appreciate the benefits of not using/drinking- the main being a much sharper mind. But my business is in shambles and we are considering setting up shop under a different company name now as there are so many dissatisfied customers (because of my absence more than half the customers never got what they paid for). My mother's reaction is of self righteousness, she isn't remorseful in the least even after I described the conditions in there- she refuses to believe me when I describe the beatings etc. to her. She has no idea about the details of my business and doesn't respect it. She is somewhat wealthy and has offered to compensate me for lost money with the implicit condition of my toeing the line. But I want nothing to do with her. I want to stay as far away as possible from her. I don't want her money, I want the rehab center to face justice.

What is the legal basis for deeming someone an addict and locking them up? Doesn't it require a court order or at least psychiatric evaluation? These people are running a butcher shop and there are many like it in Mumbai, you can have anyone in your family locked up if you pay. What if my mother blackmails me sometime down the line saying that I must get arrange-married or I will be locked up again? It's absurd that they can get away with this.


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