Fwd: Complaint regarding young, mentally ill woman found chained without clothes at a destitute home in Hyderabad
Vaishnavi Jayakumar
Will activists from womens' movement, (also disability, human rights) please follow up as well and at least make a noise please? For 3 years lost in limbo she sure is getting an apathetic response :-(
---------- Forwarded message ----------
From: Vaishnavi Jayakumar <jayakumar...@gmail.com>
Date: Tue, Jun 6, 2017 at 6:34 PM
Subject: Complaint regarding young, mentally ill woman found chained without clothes at a destitute home in Hyderabad
To: cr....@nic.in
NHRC Online Complaint Registration Form.
Your details
Name Vaishnavi Jayakumar
Sex FEMALE
Address xxxxxxxxxxxxxxxxxxxxxxxxxx
State TAMIL NADU
PIN 600031
District CHENNAI CITY
EMail xxxxxxxxxxxxxxxxxxxxxx
Mobile xxxxxxxxxxx
Victim's details
Name xxxxxxxxxx alias xxxxxx
Address
Originally from Bihar
Currently c/o The Govt of Telangana
Aram Ghar / KGNMT Hyder Shah Kote
State TELANGANA
District HYDERABAD
PIN 500008
Sex FEMALE
Religion Unknown
Disability YES, (suspected psychosocial disability)
Caste Unknown
Age 28
Incident's details
Place ARAM GHAR c/o ICSW
State TELANGANA
District HYDERABAD
Incident Date 29-May-2017 (discovery in chained, naked condition)
Incident Category HEALTH
Sub Category Exploitation of mentally disabled person
Filed in court/SHRC NO
Complaint
Lady found alone on the streets late
night was admitted by police into the privately run, renowned Aram Ghar in
2014. 3 years later she is discovered by media - chained, naked, lying in her
excreta, reporting sexual molestation by unknown parties in the night.
The home claims she was chained because of erratic violent behaviour, perhaps
due to mental illness. She claims she was restrained after lashing out at
someone during a molestation attempt in the dark.
After the news broke, she has subsequently been transferred to Kasturba Gandhi National Memorial Trust - A Swadhaar home. Since then according to the media, she has been started on treatment from a private psychiatrist with the intervention of Telangana State Legal Services Authority.
Till date she has neither had a rape evaluation, nor has any protocol under any law been followed. In effect 3 years of the lady's life has been wasted in custodial limbo with no attempts at psychosocial intervention or rehabilitation.
Further information to be accessed at
- https://www.youtube.com/watch?v=cGHI0Fdj3Qg
- http://www.thenewsminute.com/article/tied-stripped-forced-sit-her-own-excreta-inhuman-treatment-woman-hyd-home-62844
- https://thedispatchonmentalhealth.wordpress.com/2017/06/01/case-of-chained-woman-in-hyderabad-home-for-disabled-exposes-state-of-mental-health-care/
Relief details
Pray /Relief sought
1. Missing person FIR to be filed, if not already done and to reconnect with family AFTER her informed consent.
2. Rape evaluation to be done after initial counselling.
3. Under what act has she been detained. If mentally ill, the reception order to be obtained and protocols for admission of homeless mentally ill under the Mental Health Act 1987 to be followed.
4. On what grounds was her admission in Aram Ghar done? If mental illness, are Aram Ghar / KGNMT licensed as psychiatric nursing homes (or rehab facilities if applicable) as required by law? Ditto in case of a beggary act - protocols and licensing.
5. Has police booked case for sexual assault IPC provisions in addition to their booking under wrongful confinement provisions? Can the police even act against itself in addition to shelter NGO, give that they were the admitting party in the first place?! Police and NGO investigation report to be submitted.
6. Telangana has not set up a State Mental Health Authority. The Mental Healthcare Act is not likely to come into force until February 2018. It cannot be put off till then. So Telangana State Mental Health Authority to be set up with immediate effect. Also disability commissioner, child rights commission, state human rights body etc. The Central Mental Health Authority to explain why Telangana has been devoid of a coordinating authority of such importance for 3 years. Meetings of the CMHA and SMHA to be put up proactively in the public domain after anonymising. If care and rescue are down to the community it is best that the community is made aware of what's happening.
7. Police and registered NGOs to undergo training on legal aspects of rescue, care quality standard dos and donts and protocol for helping homeless mentally ill. Such a module to be also provided for magisterial training.
8. An audit to be done along with remaining residents of Aram Ghar in case others too are wrongly placed, detained, in need of a medical / therapeutic intervention, being abused in any way by other residents or staff. Their feedback, future plans and interviews to be documented and addressed.
9. State branches along with Indian Psychiatric Society to be required to compile an updated code of ethics, outlining how deviations will be addressed. This may be publicised especially given context of Mental Healthcare Act Chapter 5, Clause 23.
10. Along with general public awareness of the new mental health legislation, the Press Information Bureau along with media watchdog organisations like The Hoot, to publicise an advisory on requirements of privacy and confidentiality of people with mental illness as stated by the Mental Healthcare Act 2017 Chapter 5, clause 24. Events over the past week would be in contravention of the Act were it in force.
Name, Designation and Address of the public servant
· Union Health Secretary as Head, Central Mental Health Authority
· Telangana State Health Secretary
· DG Police, Telangana
· Chair, ICSW (head NGO of Aram Ghar project)
· Central Disability Commissioner
· Secretary Social Welfare., Telangana
END OF FORM
Document submitted by email on 6 June 2017 at 6:15 pm as online form date field is preventing submission. Attachment of the same is provided with the two additional documents of media resources referenced in the main complaint form and film.
Vaishnavi Jayakumar
Vaishnavi Jayakumar
27 June 2019
National Human Rights Commission
Manav Adhikar Bhawan Block-C, GPO Complex, INA,
New Delhi, DELHI - 110023
Dear Members,
Subject : Your letter dated 21-5-2019, dispatched 12-6-2019 regarding case no 434/36/2/2017
The following documents were received by me on 17 June 2019 by speed post :
Telangana Health Secretary Report copy comprising
2 Feb 2019 - Action Taken Report from TS Health secretary (2 pages)
1 Feb 2019 - State Mental Health Authority - Notification by TS Health Dept (2 pages)
3 Jun 2017 - TS WCD Enquiry - report cover letter from RR DWO (1 page x 2 copies)
2 Jun 2017 - TS WCD Enquiry - Inspection team report (3 pages without Annexure II)
10 Jul 2017 - RR DLSA to TSLSA post family handover report copy (4 pages) comprising annexures
9 Jun 2017 : Letter to TLSA from Hajipur DLSA (1 page, Hindi)
14 Jun 2017 - RR DLSA to KGNMT Swadhaar Home re resident handover (1 page x 2 copies)
16 Jun 2017 - RR DLSA to Mallardevpally PS discharge travel escort request (1 page)
17 Jun 2017 - RR DLSA to KGNMT Swadhaar Home re resident discharge (1 page x 2 copies)
18 Jun 2017 - KGNMT Swadhaar Home resident discharge certificate (1 page)
20 Jun 2017 - RR DLSA Panel advocate to Vaishali DLSA re family handover (1 page, handwritten)
Supporting documentation - photos of handover (2 pages)
Supporting documentation - media article (3 pages, Telugu)
This above report pertains to case number 434/36/2/2017 filed by me on 6 June 2017 with the following relief sought :
Relief details *Pray /Relief sought*
1. Missing person FIR to be filed, if not already done and to reconnect with family AFTER her informed consent.
2. Rape evaluation to be done after initial counselling.
3. Under what act has she been detained. If mentally ill, the reception order to be obtained and protocols for admission of homeless mentally ill under the Mental Health Act 1987 to be followed.
4. On what grounds was her admission in Aram Ghar done? If mental illness, are Aram Ghar / KGNMT licensed as psychiatric nursing homes (or rehab facilities if applicable) as required by law? Ditto in case of a beggary act - protocols and licensing.
5. Has police booked case for sexual assault IPC provisions in addition to their booking under wrongful confinement provisions? Can the police even act against itself in addition to shelter NGO, given that they were the admitting party in the first place?! Police and NGO investigation report to be submitted.
6. Telangana has not set up a State Mental Health Authority. The Mental Healthcare Act is not likely to come into force until February 2018. It cannot be put off till then. So Telangana State Mental Health Authority to be set up with immediate effect. Also disability commissioner, child rights commission, state human rights body etc. The Central Mental Health Authority to explain why Telangana has been devoid of a coordinating authority of such importance for 3 years. Meetings of the CMHA and SMHA to be put up proactively in the public domain after anonymising. If care and rescue are down to the community it is best that the community is made aware of what's happening.
7. Police and registered NGOs to undergo training on legal aspects of rescue, care quality standard dos and donts and protocol for helping homeless mentally ill. Such a module to be also provided for magisterial training.
8. An audit to be done along with remaining residents of Aram Ghar in case others too are wrongly placed, detained, in need of a medical / therapeutic intervention, being abused in any way by other residents or staff. Their feedback, future plans and interviews to be documented and addressed.
9. State branches along with Indian Psychiatric Society to be required to compile an updated code of ethics, outlining how deviations will be addressed. This may be publicised especially given context of Mental Healthcare Act Chapter 5, Clause 23.
10. Along with general public awareness of the new mental health legislation, the Press Information Bureau along with media watchdog organisations like The Hoot, to publicise an advisory on requirements of privacy and confidentiality of people with mental illness as stated by the Mental Healthcare Act 2017 Chapter 5, clause 24. Events over the past week would be in contravention of the Act were it in force.
After going through the above these are my observations :
The delay and lack of responsibility of the designated authority is unconscionable.
The WCD inspection report was completed in 24 hours from when the inspection team was deputed and submitted on 3 June 2017. Despite this promising speedy start, subsequently there seems to have been no action by either the WCD, Health, Disability commissioner, Social Welfare departments till the NHRC summons was filed against the health secretary GoTS.
Instead the Telangana State Legal Services Authority had already acted suo motu and singlehandedly reintegrated Ms. R back to her family in Bihar by 20 June 2017 after bearing the travel expenses and following all due processes - right from designating a panel advocate and paralegal volunteer, to on site interviews, shifting to an empanelled Swadhaar centre for evaluation and treatment, tracing her family in Bihar after her request to rejoin them, verifying brother’s identity when he came to Hyderabad, coordinating discharge and travelling with deputed SLSA and police representative till ‘handover’ to Vaishali District, Bihar and the documentation required to complete the process lawfully.
In fact, by the time NHRC met first on this case on 17 July 2017 resolution of this complaint could have well been on target for closure thanks largely to the proactive efforts of the TSLSA in resolving Item 1 of relief sought - ( Missing person FIR to be filed, if not already done and to reconnect with family AFTER her informed consent.)
The State Mental Health Authority has been set up in contravention of Mental HealthCare Act 2017 (Chapter VIII, 46 Composition of State Authority)
Its very legality is questionable and requires urgent action. How can one half-set up a monitoring authority with ex-officio members in a government notification stating that ‘other members will be added in due course.’ The following members in the MHCA extract below have not been included.
(g) one eminent psychiatrist from the State not in Government service to be nominated by the State Government — member;
(h) one mental health professional as defined in item (iii) of clause (q) of sub-section (1) of section 2 having at least fifteen years experience in the field, to be nominated by the State Government—member;
(i) one psychiatric social worker having at least fifteen years experience in the field, to be nominated by the State Government—member;
(j) one clinical psychologist having at least fifteen years experience in the field, to be nominated by the State Government—member;
(k) one mental health nurse having at least fifteen years experience in the field of mental health, to be nominated by the State Government—member;
(l) two persons representing persons who have or have had mental illness, to be nominated by the State Government—member;
(m) two persons representing care-givers of persons with mental illness or organisations representing care-givers, to be nominated by the State Government—members;
(n) two persons representing non-governmental organisations which provide services to persons with mental illness, to be nominated by the State Government—members.
(Refer Relief sought #6 Telangana has not set up a State Mental Health Authority etc) is thus incomplete. No information on other statutory authorities as requested has been provided.
ABSENT - Action taken on Ms R’s reporting of sexual molestation
The police investigation report is missing, as is Annexure II of the WCD report of Inspection Team’s interview with Ms R. Her ‘voice’ is otherwise only referenced indirectly in WCD and SLSA reports provided. (Refer relief sought #2, #5)ABSENT - Report on IPC-342 wrongful confinement case filed by Cyberabad Police Station
Details of this are absent. (Refer relief sought #3, #4, #8)ABSENT - Measures taken to prevent recurring human right violations as faced by Ms R.
(Refer relief sought #7, #9, #10)
In conclusion, as the relief sought is largely pending (only #1 out of 10 completed) It is my opinion that it would be premature to close this case.
Additionally I am not reassured by the Telangana Health Secretary’s statement that ‘the Telangana Government is committed to provide mental healthcare services for persons with mental illness and to protect and fulfil the rights of such persons so that the much deserved human rights, especially to live with dignity and social inclusion are ensured.’
While they are fine sentiments, I am unable to concur with the statement - and not merely due to the inaction in this particular case - the Telangana government even post February 2019 is not in compliance with data and reports ordered by Supreme Court in WP(C) 412/2016 re ‘Roadmap for rehabilitation of 12000-15000 persons (fit and fine) living in 43 government run mental hospitals of India.’
Thanking you,
Sincerely,
Vaishnavi Jayakumar