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rajesh jamod   30 May 2021

abuse mentally disabled person

my younger brother is Mentally disabled. he is living with our parents at hometown but I'm living at out of town due to my government job. currently due to summer vacation when I gone to home, I came to know that some people seriously torches my younger brother. they are well known in society. how can I handle this stupid by Indian laws? plz help. thank you


 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 May 2021

Hello,

Visit local police station and file complaint against those persons. 

Sankaranarayanan (Advocate)     31 May 2021

yes i do agree with expert Mr.Pawar reply, better to file a complaint with local police station 

Prachi Goyal   31 May 2021

As per your query , Firstly tell what type of torture your brother is facing they are doing (mentally or physically)

You been an individual can proceed by filing a complain in your nearest police station. Elaborating them the entire senario such that everything is recorded by police officer regarding the torture that you brother is dealing.

This will lead the police to take a strict action against those misbehaving with your behaving.

However,if the response by the police or the actions taken by them are not satisfactory enough then you may proceed to file a civil suit in a court which has competent jurisdiction over your residential area.

All the statement given to the police can be used as evidence .

Hope its helps and you find justice.

Regards

Prachi Goel

 

 

P. Venu (Advocate)     03 June 2021

Is it torches ot tortures? Please post material facts.

Vasundhara Singh (Student)     04 June 2021

Hello, Greetings of the day!  

Every individual has the fundamental right to live with dignity and personal liberty which are enshrined under the Constitution of India. Article 21 states that every no person shall be deprived of his right to life and personal liberty except the procedure established by law and it applies to all the citizens including the ones who are mentally or physically disabled persons.  

Any harassment or torture of a mentally disabled person will be going against the principles of the constitution and leads to consequences. Parents or guardians of the victim can file a complaint to the police to take necessary actions. Mental Health Care Act, 2017 also lays down the rights of the mentally disabled persons against protection from cruel, inhuman, and degrading treatment.  

Best Regards,     

Vasundhara Singh    

Law Student  


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