Appellate Division Orders Status Quo to Protect an Independent Woman’s Personal Liberty and Autonomy

The Hon’ble Appellate Division ordered a status quo in relation to the directions of the High Court in a writ petition restraining a woman’s exercise of right of self determination. The concerned woman, a physician by profession and a mother of 2 (two) children was forcibly detained in a psychiatric asylum by her parents and husband. Following a medical report, which made anomalous findings, the High Court directed that her treatment would be taken care of by her parents, flouting her own right of refusal to receive treatment. The Appellate Division granted leave to appeal and directed the parties to maintain status quo. The woman is free to exercise her rights in relation to her affair, accordingly.

Appellate Division Orders Status Quo Safeguarding Personal Liberty and Autonomy Against External Interference

A writ petition was filed in relation to a distressed woman, a physician by profession and a mother of 2 (Two) children who was forcibly detained in a psychiatric asylum by her parents and husband. She had been in a tumultuous marriage and been subjected to verbal, physical and mental abuse by her husband and expulsion of her from her marital home. When the abuse became overwhelming and overbearing and she sought support from her parents but her parents rather than extending support compelled her to stay with her husband even at the peril of her health and well-being and to the extent of isolating her from everyone and detaining her in a psychiatric home and forcefully administering medication which kept her senses and workability impaired.

The Hon’ble High Court upon hearing the matter issued a Rule Nisi calling upon her husband and parents, the respondents, to show cause as to why she, who was in their custody should not be brought before the Court so that the Court may satisfy itself that she is not being held in custody without lawful authority an in an unlawful manner and/or pass such other other or further order or orders as the court may deem fit and proper and ordered an examination as to her mental condition and submission of the report. The Court was further pleased to give a direction on the her parents and husband to appear before the court without fail.

Despite no psychotic feature and gross cognitive impairment being found, the Hon’ble Court disposed of the writ petition with a number of directions, essentially putting her welfare and care in the hands of her perpetrators, i.e., her husband and parents. The directions were as follows:

1. Her parents shall take all necessary steps to ensure her proper medical treatment, care and well-being in consultation with qualified physicians.

1. The police are directed to extend full cooperation to the parents for ensuring her smooth and uninterrupted treatment and welfare.

1. Her liberty, autonomy and personal choices shall be respected at all times and no individual including family members, shall interfere with her freedom of movement, communication or decision-making, except as may be necessary for her immediate safety and medical interest.

1. The parents shall ensure that any steps taken for her care are in alignment with the medical advice provided and are supportive rather than restrictive in nature.

She merely desired that no one interfered with her liberty or freedom of choice and that she be permitted to lead her life according to her own will and accordingly, being dissatisfied and aggrieved by the judgement and order by the Hon’ble High Court Division, filed the above mentioned Civil Petition for leave to appeal against the same.

Thereafter, the Hon’ble Appellate Division after hearing the parties was pleased to grant leave to appeal and directed the parties to maintain status quo with regard to the subject matter and thereby safeguarded her personal liberty and autonomy of against external interference.

Managing Partner Asif Bin Anwar and Senior Associate Kristi Keya Saha of Avon Chambers successfully handled this writ matter.