Law Week

Mental health Act and kidnapping by Rehabilitation Centres

The legal Abduction.

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Advocate – Aayush Tiwari –

Parents/well wishers/friends call up the Rehabilitation Centres and the abduction(kidnapping) under the facade of Mental Health Act happens. A lethal money monger industry hence capitalises on the helpless condition

of the drug/alcohol addicts and a third degree torture is inflicted upon them inside the rehab premises.

Therefore indispensable it is to know under what conditions a person can be abducted with an injection by the rehab ‘bouncers’. When such an abduction is legal under the Mental Health Act and when it is a punishable offence under section 349/350 of the Indian Penal Code.

The criteria for detention under the Mental Health Act may vary depending on the specific jurisdiction and its corresponding laws. Generally, the act allows for the detention of individuals who are deemed to have a mental disorder and are at risk of causing harm to themselves or others, or whose condition requires medical treatment, assessment, or care that can only be provided in a mental health facility.

The specific criteria for detention typically include factors such as:

  1. Mental Disorder: The person must have a diagnosed mental disorder, such as schizophrenia, bipolar disorder, or severe depression.
  2. Risk of Harm: The individual’s mental disorder must present a risk of harm to themselves or others. This could include a risk of self-harm, suicide, harm to others, or a significant deterioration in their mental or physical health without treatment.
  3. Treatment Requirement: The person’s mental disorder must require medical treatment, assessment, or care that can only be effectively provided in a mental health facility.

It’s important to note that the decision to detain someone under the Mental Health Act is typically made by qualified healthcare professionals, often following a thorough assessment and involvement of mental health services. Legal procedures and safeguards are in place to protect the rights and interests of the individual being detained, including regular reviews and appeals processes.

If the compliance measures to the above mentioned provisions are not abided by at war level then a this ‘kidnapping industry’ operating under the faced of Mental Health and Assisted Treatment is criminally liable for extreme mental torture being inflicted under funded kidnapping. As per our sources this is happening across the country at mass level and in order to curb it committed efforts should be made by the activists, NGOs , media and lawyers. This blog is to break the ice in this direction.

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