Hi, Sent the submission below. Also read Human Rights : 2 yrs after woman found chained in Hyd home, Telangana govt yet to address larger issue <https://www.thenewsminute.com/article/2-yrs-after-woman-found-chained-hyd-home-telangana-govt-yet-address-larger-issue-104573> - The News Minute has reported about the improper set up of State Mental Health Authority and other inaction by Telangana government, based on the NHRC documents.
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 <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg>, dispatched 12-6-2019 regarding case no 434/36/2/2017 <https://drive.google.com/open?id=1VEpCFJZeGzgREnSVuDp201DVS9AZl0m8> The following documents were received by me on 17 June 2019 by speed post : 1. Letter from NHRC (2 pages) <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qNjA> 2. Telangana Health Secretary Report copy comprising 1. 2 Feb 2019 - Action Taken Report <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN6g> from TS Health secretary (2 pages) 2. 1 Feb 2019 - State Mental Health Authority <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN6o> - Notification by TS Health Dept (2 pages) 3. 3 Jun 2017 - TS WCD Enquiry - report cover letter <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN68> from RR DWO (1 page x 2 copies) 4. 2 Jun 2017 - TS WCD Enquiry - Inspection team report <https://drive.google.com/file/d/1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg/edit?disco=AAAADM-qN8M>(3 pages without Annexure II) 3. 10 Jul 2017 - RR DLSA to TSLSA <https://drive.google.com/file/d/1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg/edit?disco=AAAADM-qN8s>post family handover report copy (4 pages) comprising annexures 1. 9 Jun 2017 : Letter to TLSA from Hajipur DLSA <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN78>(1 page, Hindi) 2. 14 Jun 2017 - RR DLSA to KGNMT <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN9M> Swadhaar Home re resident handover (1 page x 2 copies) 3. 16 Jun 2017 - RR DLSA to Mallardevpally PS <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN9I> discharge travel escort request (1 page) 4. 17 Jun 2017 - RR DLSA to KGNMT Swadhaar Home re resident discharge (1 page x 2 copies) 5. 18 Jun 2017 - KGNMT Swadhaar Home <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN80> resident discharge certificate (1 page) 6. 20 Jun 2017 - RR DLSA Panel advocate to Vaishali DLSA <https://drive.google.com/file/d/1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg/edit?disco=AAAADM-qN8c> re family handover (1 page, handwritten) 7. Supporting documentation - photos <https://drive.google.com/file/d/1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg/edit?disco=AAAADM-qN8Q> of handover (2 pages) 8. Supporting documentation - media <https://drive.google.com/file/d/1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg/edit?disco=AAAADM-qN8U> 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 <https://www.youtube.com/watch?v=13HzVYaPfQs&feature=youtu.be&t=00m30s> to be done after initial counselling. 3. Under what act has she been detained <https://drive.google.com/open?id=1iehs1r1ePVGyRgva46tOmgfNPvUW63mx&disco=AAAADMfpvV4>. 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 <https://drive.google.com/open?id=1iehs1r1ePVGyRgva46tOmgfNPvUW63mx&disco=AAAADMfpvV8> 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 <https://drive.google.com/open?id=1iehs1r1ePVGyRgva46tOmgfNPvUW63mx&disco=AAAADMfpvWU> 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 <https://drive.google.com/open?id=1A_61w3wn0Q-9_3PGzwCt79toaoG4vjMu&disco=AAAADNBriVs> 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 <https://drive.google.com/open?id=1A_61w3wn0Q-9_3PGzwCt79toaoG4vjMu&disco=AAAADNBriWo>. 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 : 1. 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 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.9zdya8rqeif7> - ( Missing person FIR to be filed, if not already done and to reconnect with family AFTER her informed consent.) 1. The State Mental Health Authority has been set up in contravention of Mental HealthCare Act 2017 <https://disabilityrightsallianceindia.wordpress.com/about/resources/law-policy/the-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 <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qOAg>.’ The following members in the MHCA extract <https://www.scribd.com/document/393925793/Mental-HealthCare-Acts-Rules-Compendium-India-as-on-20181112#page=21> 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 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.d42wsptpyl54> 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. 1. 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 <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN9Y> 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 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.706iou9angou>, #5 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.ubctmlmfj827> ) 2. ABSENT - Report on IPC-342 wrongful confinement case filed by Cyberabad Police Station Details of this are absent. (Refer relief sought #3 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.hsmd0d8gjed9>, #4 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.ezdn5nv63bub>, #8 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.burkx3725u19> ) 3. ABSENT - Measures taken to prevent recurring human right violations as faced by Ms R. (Refer relief sought #7 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.10rvhfata1ur>, #9 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.u6ipzmtgvlj6>, #10 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.ms6vb91pri8b> ) In conclusion, as the relief sought is largely pending (only #1 <https://docs.google.com/document/d/1aRxxILqA3vfI-lp8dr6XrX_agQu_qRnwNtz15WNH54Q/edit#bookmark=id.9zdya8rqeif7> 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 <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg&disco=AAAADM-qN98> 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 <https://twitter.com/AdvGauravKumar/status/1126810824830382080?s=19> is not in compliance <https://drive.google.com/open?id=19WfurEI_hV1qAbl53VIdZRBllyeuQGMQ&disco=AAAADM4zg8k> with data and reports ordered by Supreme Court in WP(C) 412/2016 <https://indiankanoon.org/doc/46614748/> 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 On Wed, 26 Jun 2019 at 15:39, Vaishnavi Jayakumar < [email protected]> wrote: > Hi everyone, > > Do you remember the Aram Ghar > <https://thedispatchondisability.wordpress.com/2017/06/02/2-june-update-aram-ghar-case-women-and-child-welfare-officials-to-look-into-state-of-rehab-centre/> > case? Finally received a response from NHRC on 18th June 2019, more than 2 > years after a proactive advocate located her family in Bihar - she was > reintegrated with them in June 2017. Read this article (and don't cuss me > out for reporting violations beyond my control) : Chained, naked, > mentally disabled Hyderabad woman to go home after 10 yrs > <https://www.deccanchronicle.com/nation/crime/150617/chained-and-naked-mentally-disabled-woman-to-return-home-after-10-yrs.html> > > > Will be responding to the complaint update in the next couple of hours > (21:00 IST 26 June 2019) so as to meet their deadline. Sharing this in case > you have anything to input. > > Sorry for the short turn-around time and the inaccessible faint NHRC > papers linked here : *NHRC Aram Ghar Update* > <https://drive.google.com/open?id=1rYZHMjz6B9PJ1kbketHpLMh06fvFBZpg> > > The earlier mail trail is appended. > > Regards, > > Vaishnavi > > ---------- Forwarded message --------- > From: Vaishnavi Jayakumar > Date: Tue, 6 Jun 2017 at 18:54 > Subject: Fwd: Complaint regarding young, mentally ill woman found chained > without clothes at a destitute home in Hyderabad To: GG MHA News GG MHA > Reform , YG NAMI , WE the PwD Egroup , disability-studies-india DRA EGROUP > , YG TN Dis Rights , invites , xgy PUCL > > 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 > 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 > 3. > > 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. > -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers --- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. 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