POSH Act vs Mental Illness
3 years ago
I am suffering from bipolar disorder with an outbreak of psychosis in which a person has delusions and hallucinations. In May 2013 during my psychosis breakdown, I sent sexually explicit messages to one of my seniors ( a lady officer).
I was under the delusion that she along with the departmental head is plotting against my life. Now the department on her complaint is implicating me under the provisions of the POSH Act, 2013.
I have sought defense that I am having a bipolar disorder with an outbreak of psychosis and produced discharge and follow-up certificates and documents of PGI, Chandigarh, but the administration is not accepting my plea.
The administration is not accepting my plea of mental illness and it turned down my plea. The administration is of the opinion that when I can use the internet and laptop then my plea of psychosis is not admissible.
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ADV. ANISH PALKAR (High Court)
The insanity defense is a legal concept, not a clinical one (medical one). This means that just suffering from a mental disorder is not sufficient to prove insanity.
At the outset of such a situation, your recourse is to write a formal complaint or grievance letter for wrongful termination, with the Human Resource (HR) Department of your company.
Furthermore, if this does not work out then file for unfair dismissal in a civil court citing violation of contractual obligation and defend your case.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Insanity defense is primarily used in criminal prosecutions, It is based on the assumption that at the time of the crime, the accused was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behavior, hence making them not legally accountable for the crime.
Insanity defense is a legal concept, not a clinical one (medical one). This means that just suffering from a mental disorder is not sufficient to prove insanity.
At the outset of such a situation, your recourse is to write a formal complaint or grievance letter for wrongful termination, with the Human Resource (HR) Department of your company.
Furthermore, if this does not work out then file for unfair dismissal in a civil court citing violation of contractual obligation and defend your case.
If you find this helpful, please rate us.
376 2(n) service report of notice
About marriage case
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
Threating and Blackmailing
JASVEER Singh
