I am a retired Army personnel. My son aged 35 years is on drugs and was admitted in one of the country's best treatment cum rehabilitation centre,namely shafa home in delhi. There he was doing good,looked after well and we had full satisfaction about his progress and positive result from his treatment. But unluckily, we were manipulated by our son and we took this drastic decision of withdrawing him from the treatment. Though we were explained about the consequences, yet we took this decision against the advice of their counsellors. We thought as the marriage would be over, our son would go back. Since then he hasn't gone back and is creating lot of trouble for us. He threatens, tortures, harasses us in every possible way. At times we feel a threat to our lives too and are unable to defend ourselves because of our old age.
Please suggest how we are protected legally and what actions should be initiated at our end?
Asked 2 years ago in Criminal Law from Patiala, Punjab
Under which Indian Penal Laws I can get him back into treatment?
Asked 2 years ago
I am presuming that the hospital or the drug rehab centre where your son was under going treatment must have released your son to you as you are his legal guardian therefore in order to safe guard themselves they must have taken an undertaking that if anything were to happen (a relapse or any other causes) you will solely be responsible.
Lodge a police complaint with the local police that your son has had a relapse and that he is a threat to society and yourself and that he should be re-admitted back into the drug rehab centre.
This should solve your concerns.
If you have crossed the age of 60 years, you can lodge a complaint under the provisions of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007;
If the behavior is beyond control and posing threat to the safety of your lives, you may lodge a complaint with the local police narrating the entire history and his present status threatening everyone at home with dire consequences. The police will take care of the section and law by which he can be booked and also for taking him to the rehab centre once again for treatment.
First initiate action from your side as suggested and then wait for the result.
1. If you are the owner of the house then you may evict him therefrom by filing a lawsuit for eviction.
2. Under no law of the land you are permitted to send him back to the rehabilitation centre without his consent.