New bill says suicide not an act of crime

August 22, 2013

New Delhi, Aug 22: The new mental health care bill, which seeks to decriminalise suicide and make access to affordable mental health care a right for all, was introduced in Rajya Sabha this week. suicide

For the first time in the history of criminal law reform in the country, Mental Health Care Bill, 2013 seeks to decriminalise acts of suicide by linking them to the state of mental health of the person attempting the act.

The Bill explicitly states that acts of suicide will not be criminalised and those attempting suicide would be treated as mentally ill unless proved otherwise and therefore exempted from the current provisions of Section 309 of Indian Penal Code.

Section 124 of the Bill states, “Notwithstanding anything contained in Section 309 of the IPC, any person who attempts suicide shall be presumed, unless proved otherwise, to be suffering from mental illness at the time of the bid and shall not be liable to punishment under the said section.”

The Bill thus clarifies that the act of suicide and the mental health of the person committing the act are inseparably linked and have to be seen together and not in isolation.

Moved by the Ministry of Health, the Bill lays down a proper provision for the treatment of persons attempting suicide.

It seeks to provide for mental health care for persons with mental illnesses and to protect, promote and fulfil the rights of such persons during the delivery of mental health care and services.

It is the first time that the Government has come up with a rights based approach in the mental health law.

The Law Commission will separately move this amendment to the Criminal Law which would eventually be effected by the Home Ministry.

However, Health Ministry sources said the Law Ministry agreed on the proposed section in the new Mental Health Care Bill to decriminalise suicide.

“It is a landmark Bill which takes care of the rights of the mentally ill. It is forward looking and India needed such a law. It strongly protects the rights of mentally ill and puts a lot of onus for the welfare of the ill on the Government,” a Health Ministry official said.

The Bill fills the long standing gap in the mental health law in India after the country ratified the UN Convention on the Rights of Persons with Disabilities requiring it to harmonise its laws with those prevalent worldwide. India had signed the convention on October 1, 2007 and it came into force on May 3, 2008.

Once the Parliament passes the Bill and it is assented by the President, it will replace the Mental Health Act of 1987.

The new Bill guarantees several rights to the mentally ill - from the right to privacy in mental health establishments to the right to dignity. It bars inhuman practices such as electro convulsive therapy without anaesthesia, sterilisation as a treatment for illness, chaining and tonsuring of heads of the mentally ill.

The Bill also provides stringent penalties for those found running unregistered mental health care establishments which would be fined with Rs. 50,000 to Rs. five lakh depending on the frequency of the offence.

It seeks to regulate the public and private mental health sectors and establish a mental health system integrated into all levels of general health care.

The law also provides for the Advance Directive to be furnished in writing by a person, irrespective of his mental illness, and registered with a Mental Board to be set up by the government at state and central levels. This directive allows the individual to appoint a nominated representative to deal with the kind of treatment he wants in the case he falls mentally ill in future.

The Bill provides for a State Mental Health Authority and a Central Mental Health Authority along with a Mental Health Review Commission to regulate the sector and register institutions.

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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News Network
June 3,2020

Bengaluru, Jun 3: Former Union minister and senior Congress leader K H Muniyappa on Wednesday extended his support to former Prime minister and JD(S) National president H D Deve Gowda in the Rajya Sabha polls.

In a statement issued here here, Mr Muniyappa said that party which had an electoral understanding in the Lok Sabha elections, may extend support to Gowda in the June-19 Rajya Sabha elections from Karnataka.

It may be recalled that the Election Commission of India, is conducting elections to Rajya Sabya to fill four vacancies from the Karnataka Assembly, in which the ruling BJP may bag two seats, while the remaining may be won by the Congress and the JD(S).

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News Network
March 30,2020

New Delhi, Mar 30: A Muslim woman from Jammu and Kashmir has donated her savings of Rs 5 lakh, meant for the Hajj pilgrimage, to the RSS-affiliated 'Sewa Bharati' after apparently being "impressed with the welfare work" done by the outfit amid the lockdown due to the novel coronavirus pandemic.

Khalida Begum, 87, who saved Rs 5 lakh for Hajj, was forced to defer her plans for the pilgrimage due to the lockdown.

Hajj is the annual Islamic pilgrimage to Mecca in Saudi Arabia, the holiest city of Muslims.

"Khalida Begum ji was impressed with the welfare work done by the Sewa Bharati in Jammu and Kashmir during the tough time the country is passing through due to sudden outbreak of COVID-19 and decided to donate Rs 5 lakh to the organisation," Arun Anand, head of RSS media wing Indraprastha Vishwa Samvad Kendra (IVSK), said.

The woman wants that this money should be used by the community service organisation Sewa Bharati for the poor and the needy in Jammu and Kashmir. She had saved this amount for performing Hajj, plans for which she deferred due to the present situation, Anand said.

"Khalida Begum ji was among the first few women in Jammu and Kashmir who got educated in a convent. She is the daughter-in-law of Colonel Peer Mohd Khan, who was president of the Jana Sangh," he said.

Jana Sangh was also an associate of RSS and later became the Bharatiya Janata Party.

Anand said despite her age, she had been very active in welfare works for the women and the downtrodden in Jammu and Kashmir. Her son, Farooq Khan, a retired IPS officer, is presently serving as an adviser to the Jammu and Kashmir Lieutenant Governor.

Meanwhile, since the lockdown was announced, Sewa Bharati volunteers across the country have been providing food and other essential items to the needy. The Sangh-affiliate's volunteers were seen on Saturday managing crowd and providing food to them at the Anand Vihar bus terminal in Delhi.

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