If you are stuck in such a situation, here is what to do.

Mrs. Anjali Sharma, a widow residing in Aravalli Nagar, was diagnosed with a significant mental health condition requiring intensive care. Her two adult children, Rohan and Priya, acting in her best interest and in complete agreement with each other, admitted her to a high-quality inpatient facility, “Serene Minds Wellness Retreat,” for a treatment program expected to last several months. The treating physician, Dr. Kapoor, concurred that this course of action was medically necessary for Mrs. Sharma’s recovery. Prior to this, Rohan and Priya were her sole caregivers.

The situation became complicated due to interference from Mrs. Sharma’s extended family. Her elderly mother, Mrs. Usha Verma, who is 85 and has mobility issues, and her sister, Ms. Sunita Verma, who lives abroad but frequently visits India, strongly oppose the inpatient treatment. Their opposition stems from a lack of understanding of mental health issues. They have been attempting to influence the treatment by directly contacting Dr. Kapoor and the center’s manager, Mr. Desai, demanding Mrs. Sharma’s premature discharge. Furthermore, they have made threats to forcibly remove Mrs. Sharma from the facility, possibly by involving the police or leveraging minor political connections. While the treatment center has assured the children of their security protocols, Rohan and Priya are concerned about the legality of the relatives’ claims and their potential actions.

Advice in such cases

• Document Everything: Maintain a detailed record of all medical advice, treatment plans, and communications with the hospital. Also, keep a log of any interactions, threats, or interference from the opposing relatives, including dates, times, and what was said.
• Formal Communication: Ensure all major decisions and communications with the treatment facility are in writing, such as via email. This creates a clear paper trail of your actions and the medical necessity behind them.
• Inform the Facility: Formally write to the management of the treatment center, informing them about the situation and instructing them not to share patient information with or entertain discharge requests from anyone other than you (the nominated representatives).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legislation governing this situation is the Mental Healthcare Act, 2017 (MHA, 2017). This Act prioritizes the rights and best interests of the person with mental illness.

• Section 14 of the MHA, 2017: This section deals with the “Nominated Representative.” An adult can appoint a nominated representative to take decisions on their behalf. If no one has been appointed, the Act provides a hierarchy of relatives who can act as the nominated representative.
• Hierarchy of Relatives: The MHA, 2017 specifies a default order for who can be a nominated representative. Typically, the spouse is first, followed by adult children, then parents, and so on. In this case, as the patient is a widow, her adult children (Rohan and Priya) would have precedence over her mother (the grandmother) or her sister (the aunt).
• Section 89 and 90 of the MHA, 2017: These sections cover the procedure for admission of a patient with support. It requires the consent of the nominated representative for admission to a mental health establishment, reinforcing the children’s authority in this matter.
• Wrongful Confinement (Section 79 of Bharatiya Nyaya Sanhita, 2023): Any attempt by the relatives to forcibly remove the patient from the facility against her will and without legal authority could amount to wrongful confinement, which is a criminal offense.

If you are the complainant

As the children making the decision, you are essentially the complainants against the interference. Your goal is to protect the patient’s treatment plan.

• Seek an Injunction: You can approach a civil court to obtain an injunction order against the relatives (Mrs. Usha Verma and Ms. Sunita Verma), legally restraining them from interfering with the patient’s treatment, contacting the hospital staff, or attempting to remove her from the facility.
• Declaration Suit: You can also file a suit for a declaration from the court affirming your status as the legal decision-makers for your mother’s medical care under the MHA, 2017.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

The primary victim here is the patient, Mrs. Anjali Sharma, whose well-being is at risk. The children are acting to protect her interests.

• Establish Legal Standing: Your actions are protected by law as you fall higher in the hierarchy of “nominated representatives” under the Mental Healthcare Act, 2017, than the patient’s mother or sister.
• Focus on Best Interest: All your legal arguments should be centered around the “best interest” of the patient. Medical records, doctor’s testimony, and proof of your prior caregiving role will establish that your decisions are for her welfare.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police will generally treat this as a civil dispute, not a criminal one, unless a clear crime is committed. If the relatives call the police, the police will likely first verify the patient’s admission status with the hospital. Upon seeing that the admission was done legally by the patient’s adult children based on medical advice, they will almost certainly refuse to intervene. They would advise the relatives that if they have a grievance, their recourse is to approach the court. The police will not assist in forcibly removing a patient from a medical facility without a specific court order, which the relatives are highly unlikely to get.

FAQs people normally have

• Do the grandmother and aunt have legal rights that override the adult children’s rights?

No. According to the hierarchy established in the Mental Healthcare Act, 2017, the adult children of a widowed person have a superior right to make healthcare decisions for their parent compared to the parent’s own mother or sister.

• Can they forcefully take the mother from the treatment center?

No, they cannot. Such an act would be illegal and could constitute offenses like wrongful restraint, wrongful confinement, or even kidnapping. The treatment center has a legal duty to protect its patients and can refuse to discharge the patient to unauthorized persons.

• If this matter goes to court, will the court support the children?

The court’s primary consideration will always be the welfare and best interest of the person with mental illness. Since the children’s decision is supported by medical professionals and they are the primary caregivers, the court is highly likely to uphold their decision and rule against the interfering relatives.

What evidence is required?

If legal action is needed, you should gather the following evidence:

• Medical records and a formal diagnosis of the mother’s mental illness.
• A written recommendation from the treating doctor for inpatient treatment.
• Admission papers from the mental health facility signed by you.
• Proof of your role as primary caregivers (e.g., witness statements, financial records showing you support her).
• Any recorded communication (emails, text messages, voicemails) from the relatives containing threats or demands.
• A formal statement from the treatment center confirming the medical necessity of the treatment and detailing the interference by the relatives.

How long will the investigation take?

This is a civil matter, so there won’t be a police “investigation” in the criminal sense. If you file for an injunction in court, the process can be relatively quick. An urgent “ad-interim” injunction can often be obtained within a few days to a week to provide immediate protection. The full legal case to make the injunction permanent or get a declaratory decree might take several months to resolve, but the initial court order will prevent the relatives from taking any disruptive action in the meantime.

Advocate Sudhir Rao, Supreme Court of India