Form redacted and attachments stripped. 10 questions we should be asking
ourselves http://bit.ly/3-years-in-limbo

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 <[email protected]>
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: [email protected]

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
<http://cswhyd.org/icsw.html>

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 *



   1. https://www.youtube.com/watch?v=cGHI0Fdj3Qg
   2. http://www.thenewsminute.com/article/tied-stripped-forced-
   sit-her-own-excreta-inhuman-treatment-woman-hyd-home-62844
   
<http://www.thenewsminute.com/article/tied-stripped-forced-sit-her-own-excreta-inhuman-treatment-woman-hyd-home-62844>
   3. https://thedispatchonmentalhealth.wordpress.com/2017/06/01/case-
   of-chained-woman-in-hyderabad-home-for-disabled-exposes-
   state-of-mental-health-care/
   
<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.

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