Nursing Home Abuse Victims Options

Introduction
Problem
Indian nursing homes are supposed to be retreat for most of the aged. Unfortunately,  however, the sad truth is that most of them do not stick to their set standards. This naturally leads to the escalation of cases of abuse, neglect, and exploitation within Indian nursing homes.

Most abuse victims of a nursing home always stand at a poorly positioned point without knowing what to do, not even if they have a legal way out.

Agitate
Imagine the helplessness of an elderly person unable to speak and defend himself or herself-thus suffering at the hands of abuse in a place meant for their care and comfort. This is not a nightmare just for the victims of nursing home abuse, but also for their families who believed them.

In India, nursing homes in general still represent some relevance to the largely underreported issue of aging care, while most of the victims remain unheard and without a ‘voice in the system‘. Important issues are a lack of awareness and vagueness in legal channels and the stigma attached to abuse of elders.

Solution
This article discusses the legal Nursing Home Abuse Victims Options in India and covers laws, case studies, and ways of redress under the Indian law. You will see how these victims of nursing home abuse, along with their family members, can seek judicial relief.

Nursing Home Abuse Victims Options
It includes physical, emotional, sexual, or financial abuse of the elderly patients in the nursing homes. If one’s basic needs like food, hygiene, or medical attention are not taken care of, then that is also abuse. The victims of nursing home abuse face not only physical but psychological consequences too as their condition as well as age adds to the severity of the discomfort.

It is an alarming trend in India that with passing every day, the population above 60 years is increasing day by day. People are opening elder care facilities at an alarming rate. Sadly, a huge number of the times, the law made for their protection remains weak or is not brought into practice. The other reason why nursing home abuse victims remain silent is due to fear or a helpless situation where they cannot report their abuse.

Legal Protection for Nursing Home Abuse Victims Options in Indian Law

There are several enactments by different laws in India for the protection of elders and victims of nursing home abuse. However, it is very confusing without a right guide to understand the law. Here are the primary laws that relate with elder abuse in nursing homes.

1. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
This is one of the bases in laws enacted for the protection of the elderly population in India. The Act makes children and legal heirs liable for the care of his/her parent when he or she attains old age. Victims of nursing home abuse can file complaint under this act if they were abandoned to suffer or maltreated .

•Key Provisions:

• Elders can file a suit of protection and preservation with a tribunal
• Cases are disposed of in 90 days because of expeditious processes.
• Incarceration is the punishment for those, which are convicted of maltreating or neglecting elderlies.

2. Indian Penal Code (IPC)
Whereas the Maintenance and Welfare of Parents and Senior Citizens Act deals with the overall issue of neglect, the IPC deals with the particular crime of abuse. Certain provisions of the IPC may come into play only when the nursing home victim has suffered bodily injury, emotional abuse or exploitation of funds

• Essential Provisions:

• Section 323: Punishment for voluntarily causing hurt.
• Section 340: Provisions for wrongful confinement.
• Section 406: Covers Criminal breach of trust that comes under any exploitation of a financial character.
• Section 509: Provides protection against verbal breach and degradation of dignity, and therefore, holds relevance in emotional as well as sexual abuse cases.

3. Consumer Protection Act, 2019
As service providers, nursing homes also fall under the Consumer Protection Act. If a nursing home fails to deliver the standard of care that it promised to them, the victims and their families can bring a complaint against such a nursing home for compensation on account of negligence.
•Critical Provisions

• Service performance, based on what was promised, can be claimed for compensation by nursing home abuse victims.
• The compensation according to the civil courts of the sufferer, as allowed by the sum of damages suffered

4. Rights of Persons with Disabilities Act, 2016

Most residents in nursing homes are not only elderly but may also be suffering from some form of bodily or mental disability. This law is essentially available to disabled nursing home abuse victims who are victims of discriminatory practices or abuse.
•Key Provisions:

• This law safeguards the rights of people suffering from disabilities.
• Old-aged persons are provided safe and dignified surroundings for its disabled residents.
• Crime against disabled persons, including their abuse and neglect in the nursing homes.

Case Studies: Actual scenarios of Elderly Abuse in Nursing Homes, India
To understand the role of such legislation in real-life, let’s discuss case studies wherein patients abused in nursing homes take legal recourse against it.

Case Study 1: An abused elderly lady in the old age home Delhi.
A similar case was reported here: An elderly lady from Delhi was repeatedly assaulted by the staff of a nursing home there. The victim suffered from dementia and could not communicate her distress. Her son noticed some bruises and lodged a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act; the perpetrator was convicted under IPC Sections 323 and 340.

Outcomes: The court ordered some amount of compensation to the victim’s family by the nursing home and behind the bars the staff.

Case Study 2: Financial Exploitation in a Bengaluru Nursing Home

Management of a nursing home at Bengaluru fleeced a rich old lady out of her savings. It had promised her quality care in lieu of that portion of her assets which she would be giving them. A police complaint was filed by the victim’s daughter under the Consumer Protection Act and IPC Section 406 for criminal breach of trust.

Judgment: The High Court ordered the old-age home to return all the assets taken away from her and directed to pay a heavy fine to them as damages.

Case Study 3: Neglect Leading to Death in Mumbai
An 85-year-old man died due to negligence caused by a nursing home in Mumbai, his family alleges. The case was filed by the family of an old man against a nursing home in Mumbai on the grounds that the cause of this old man’s death was largely due to the negligence of the nursing home side.

Outcome: The court granted compensation to the family since their loved one was taken away by negligence, and that brought to their face emotional and financial suffering.

Famous Indian Judgement related to Nursing Home Abuse Victims Options

1. K.S. Puttaswamy (Retd.) & Anr. v. Union of India (2017)
Synopsis of the Judgment:The judgment is not only famous for reiterating the right to privacy as a constitutional right, but it also speaks to the issue of dignity in old age care. The judgment simply clarified that old people, especially those in nursing homes or other people’s hands, have the right to a life in dignity.

Relevance:The court judgement clearly mentioned that the rights to privacy and dignity are one of the quintessential rights of the aged ones that nursing homes should not neglect. Abuse or negligence by any form of such abuse done by a nursing home would commit such rights.

2. Dr. A.S. Sreedharan v. Union of India, 2015
Judgement Summary:
It is a case dealing with the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It encompasses elders who are not being adequately taken care of by their children. Here, the petitioner is an elderly man not being adequately taken care of by his children, and the case provides an instance of elder abuse. The court intervened so that the right care was taken of the elderly man .

Relevance:This decision presented that a senior citizen has all the rights to mourn if he or she is not treated accordingly, even if it is at the old age homes. In this case, this act had strongly reminded again the legal right of such an elder abuse victim.

3. State of Punjab v. Rakesh Kumar (2014)
Judgment Summary:
This is a case of neglect of an elderly woman, which charges that include both physical abuse and monetary exploitation. The accused is a caretaker and works in an oldage home. She has been convicted under IPC Section 323 (hurt) and Section 406 (criminal breach of trust).

Relevance:It had sowed a very good trend of prosecuting caretakers of old-aged persons running nursing homes under the Indian Penal Code for physical as well as monetary exploitation of elderly people.

4. Justice Shanti Sarup Dewan v. Union Territory, Chandigarh (2014)
Synopsis of Judgment:
This was a landmark case wherein aged judge filed a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against his own children for not providing them with proper care. Upon listening to him and recording that, the court delivered its verdict in favor of elderly petitioner to ensure adequate financial as well as emotional support by children’s side.

Relevance:Although the case had a footing in family care, it boils down to more generic rights for the elderly to be treated better; which can also apply to nursing homes as well.

5. P. Raghu v. Union of India (2012)

Summary of Judgement:
This was a case of economic exploitation of a geriatric in a nursing home wherein the property rights were enforced at gunpoint to the staff of the nursing home. The court had upheld the case against the nursing home staff along with penalty and restitution of property to its rightful owner.

Relevance: The judgment has given precedence to address the problem of financial exploitation of elderly citizens in nursing homes through Indian Penal Code as well as Consumer Protection Act.

6. NHRC SUO MOTU COGNIZANCE OF ELDERLY ABUSE IN NURSING HOMES (2018)
Summary of Judgment:
As a curative judicial litigation, suo motu NHRC considered reports of elderly abuse in nursing homes across the nation. The NHRC issued guidelines to raise better standards of care in nursing homes and elder care facilities.

Relevance:This act opened a lot of doors for a number of follow-up judicial litigations and laws were passed in order to improve standards of elder care and protect the victims of abuse, who suffered in nursing homes.

7. Savitri Devi v. State of Uttar Pradesh (2019)
Summary of Judgment:
A 75-year-old litigant prosecuted her children and the old age home where she was residing for neglect and pecuniary exploitation. The court exonerated her, awarding her exemplary damages and setting strict guidelines over old age homes.

Relevance:It made nursing home abuse victims have even more direct legal remedial tools by holding care institutions of the elderly accountable to some extent.

Steps for Victims of Nursing Home Abuse to Seek Justice
If you suspect that your loved one is being victimized in a nursing home, then act immediately. Below are some legal procedures through which victims of nursing home abuse can seek justice.

Step 1: Identify Signs of Abuse
Important: Before filing a complaint, have proof that someone has been abused or neglected. Such proofs may include unexplained injuries, malnutrition, emotional withdrawal, and sudden changes in financial conditions.

Step 2: Gather Evidence
Gather as much evidence as possible. This may include photographs of the injury, medical records, financial records, or even testimonies from other residents and staff members of the nursing home.

Step 3: Report to the Police Station
Police complaint: A complaint should be lodged with the police if such a crime involving physical abuse or financial exploitation has indeed taken place. The IPC directs the police to investigate every reported case of abuse.

Step 4: Approach the Senior Citizens Tribunal
If there is negligence or any refusal to take proper care in such institutions, there is always relief available for them or their next of kin under the Maintenance and Welfare of Parents and Senior Citizens Act in the senior citizens tribunal. Most times, it expedites their case and will even mete out punishment to the wrong-doing parties.

Step 5: Lodge Consumer Grievance
If it is established that the nursing home has breached its duty of care, then room exists for presenting the complaint to Consumer Protection Act, which would invoke monetary compensation to the victim or his / her family.

Step 6: Civil Lawsuit
In extreme injury cases caused by abuse in nursing homes, litigation may be filed to gather damages. These are damages that are related to expenses incurred in medical bills, emotional distress, and wrongful death.

Conclusion
One concern yet unseen about Indian victims of nursing home abuse is the absence of proper legal and moral accountability to extend justice to those living and dead. Even though there are the legal options in Indian law regarding sufferers and their families-mainly the Maintenance and Welfare of Parents and Senior Citizens Act, the Indian Penal Code, and the Consumer Protection Act-justice can be brought to the minds and imaginations of the victims of the abuse if such awareness, strong actions by law, and enforcement take place in proper time so that such incidents can be prevented in the future.

If you and or your relatives were victimized as a case of nursing home abuse, do not wait to act and exercise any legal recourse. Know your rights and take a step towards the dignified old age life for all citizens.

Disclaimer:
The article is a general information and cannot replace legal counsel. It is the reader who will have to consult legal experts over what to do in case of abuse at the nursing home all images are illustrated.

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Frequently Asked Questions

What happens to a woman when she is abused?

However, PTSD, which people with battered woman syndrome often also have, is considered to be a mental illness. The physical, sexual, and psychological abuse happens in cycles, Walker says. The tension builds, then there is an outburst of violence, followed by the abuser apologizing and promising to do better.

How can you prevent abuse in a care home?

Preventing Elder Abuse in Nursing Homes

1. Being aware of the different types and signs of elder abuse.
2. Calling their loved one regularly.
3. Immediately bringing concerns about an elder’s care to staff or other authorities.
4. Thoroughly researching a potential nursing home and checking for red flags.
5. Visiting regularly.

What is the men’s helpline for domestic abuse in India?

Daaman – Men’s Rights Organization | Men’s Helpline 8882-498-498 | India.

What are the most common types of nursing home abuse?

According to the National Center on Elder Abuse (NCEA), there are 5 types of abuse in a nursing home that are most commonly reported: physical abuse, neglect, sexual abuse, emotional abuse, and financial abuse.

What happens to a person after years of emotional abuse?

Mental health issues

Narcissistic abuse often causes emotional trauma, which can deeply affect a victim’s mental health over time. Like other forms of psychological abuse and emotional abuse, it can lead to anxiety, depression, and post-traumatic stress disorder.

What are the permanent effects of abuse?

Maltreatment can cause victims to feel isolation, fear, and distrust, which can translate into lifelong psychological consequences that can manifest as educational difficulties, low self-esteem, depression, and trouble forming and maintaining relationships.

What are the different types of abuse in care homes?

Types of Abuse

• Physical Abuse. Physical abuse is the use of physical force or mistreatment of one person by another which may or may not result in actual physical injury. …
• Sexual violence and abuse. …
• Psychological / Emotional Abuse. …
• Financial Abuse. …
• Institutional Abuse. …
• Neglect. …
• Exploitation. …
• Domestic violence and abuse.

What to do if being abused at home?

If you’ve been affected

1. find somewhere safe to stay.
2. stay in your home and get the person who is harming you to leave.
3. report the violence to the police.
4. get a court order to stop your abusive partner from harming or threatening you.
5. take legal action.
6. get help from a charity or another organisation.

What are the 7 steps in abuse prevention?

483.13(b) 483.13(c) 483.13(c)(3) The facility must develop and implement policies and procedures that include the seven key components: screening, training, prevention, identification, investigation, protection and reporting/response; the facility identifies, corrects and intervenes in situations

What is the most abused law in India?

The Supreme Court on Wednesday observed that Section 498A of the Indian Penal Code (IPC), which addresses cruelty against married women, and provisions of the Domestic Violence Act, are among the most abused laws in the country, reported Bar and Bench.

What is the punishment for abuse in India?

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

What is the jail time for domestic abuse in India?

498A IPC states10 – “Husband or relative of husband of a woman subjecting her to cruelty. —Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

What is the most common crime at nursing homes?

Neglect is the most common cause of nursing home abuse injuries.

How to deal with abuse in a care home?

speak to friends or care workers who may have an understanding of the situation and be able to take steps quickly to improve the situation. talk to professionals such as a GP or social worker about your concerns, or ask to speak to your local council’s adult safeguarding team or co-ordinator.

Which resident in a nursing home is at the greatest risk of being abused?

Health Status – People with poor mental or physical health have a high risk of abuse or exploitation in nursing homes. In fact, the National Council on Aging (NCOA) and the National Center on Elder Abuse (NCEA) report that almost 50% of elderly afflicted with dementia have experienced neglect or abuse.

How do you prove emotional abuse?

Instead, proving emotional abuse may require:

1. Texts, messages or emails.
2. Character witnesses.
3. Eyewitness accounts.
4. Photographs.
5. Video recordings.
6. Medical or psychiatric records.
7. Information from the child’s school or teachers.
8. Police or incident reports.

What therapy is best for emotional abuse?

Cognitive Behavioral Therapy

Cognitive Behavioral Therapy: This therapy examines the client’s negative thought patterns that lead to negative emotional and behavioral responses.

What happens to your brain after years of abuse?

Childhood emotional abuse and neglect can result in permanent changes to the developing human brain. These changes in brain structure appear to be significant enough to potentially cause psychological and emotional problems in adulthood, such as psychological disorders and substance misuse

Can people recover from abuse?

You may feel hopeless, or you might believe that you’ll never feel better. Although the path to healing can be challenging, it’s important to remember that an abuse survivor can recover and even thrive. You might feel lost and overwhelmed, but this isn’t something that you have to deal with on your own

How do victims of emotional abuse behave?

Emotional and psychological abuse can have severe short- and long-term effects. This type of abuse can affect both your physical and your mental health. You may experience feelings of confusion, anxiety, shame, guilt, frequent crying, over-compliance, powerlessness, and more

What are the 7 signs of emotional abuse?

The 7 Signs of Emotional Abuse

• Isolation. Isolation is a primary tool used by abusers to gain control over their victims. …
• Degradation. Degradation involves any behavior that demeans or humiliates the victim. …
• Control. …
• Gaslighting. …
• Threats. …
• Monitoring. …
• Withholding. …
• Verbal Abuse.

What type of abuse is most common in nursing homes?

The seven types of abuse in nursing homes are:

1. Emotional Abuse. According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting. …
2. Physical Abuse. …
3. Abandonment. …
4. Sexual Abuse. …
5. Financial Abuse. …
6. Neglect. …
7. Self-Neglect.

What is emotional abuse in nursing homes?

Types of Mental Abuse in Nursing Homes

Shouting or yelling at the resident. Threatening the patient. Humiliating, shaming, or embarrassing the patient privately or in the presence of other residents or staff members. Mocking the resident’s disabilities.

What is abuse of the elderly?

Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes: Physical Abuse. Psychological Abuse. Financial Exploitation.

What to do if patient is abused?

Contact the appropriate authorities: Report the suspected abuse to the appropriate agency or organization, such as a local law enforcement agency, adult protective services, or a healthcare facility’s designated reporting line.

What is home abuse called?

Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner.

What do you do if someone abuses you?

Try to avoid engaging emotionally

Those who engage in abusive behavior may be trying to get a rise out of you because it gives them permission to continue doing hurtful things. Try not to take the bait. Instead, you can try to: set boundaries, like saying, “If you keep talking to me that way, I won’t respond”

How to stop someone abusing you?

Use Clear Language to Demand That the Behavior Stop

The more clear you are in your request, the less easy it is for someone else to deny that they are behaving abusively. Remember, someone who is verbally abusive may have no idea that they’re behaving that way, and it may not be intentional

What are the 4 methods of abuse?

The World Health Organization (WHO) defines child maltreatment as “all forms of physical and emotional ill-treatment, sexual abuse, neglect, and exploitation that results in actual or potential harm to the child’s health, development or dignity.” There are four main types of abuse: neglect, physical abuse

What are the 4 main areas of abuse?

Child abuse is when anyone under the age of 18 is either being harmed or not properly looked after. There are four main categories of child abuse: physical abuse, emotional abuse, sexual abuse and neglect. Find out more about each below, as well as the warning signs that a child may be being abused.

What is the 70 law in India?

Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered

What is 498 A law in India?

India Code: Section Details. [Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

What is the 34 law in India?

Article 34 of the Indian Penal Code
Article 34 of the IPC states that when a criminal act is committed by several persons in furtherance of a common intention, each person is liable for that act in the same manner as if it were done by him alone

What is the punishment for abusing someone in India?

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Is mental abuse punishable by law in India?

Yes, emotional or psychological abuse is considered a form of domestic violence under the law in many jurisdictions, including India. While physical abuse is often more visible and easily recognized, emotional and psychological abuse can have serious and lasting effects on victims

What is the PWDVA Act in India?

An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto. Notification: 26th October, 2006, vide notification No.

Can I file a police report for verbal abuse in India?

Under Section 153A of the Code, a police complaint can be filed against anyone who promotes enmity, disharmony or ill-will between different groups on grounds of religion by words either spoken, written or visuals, or deliberately tries to offend the feelings of any class of people by insulting their religion