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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Abu Muhammad | coastaldigest.com
January 16,2020

Even as the Muslims of undivided Dakshina Kannada district broke out of the “spiral of silence” and made history by leading an unprecedented protest against CAA, NPR and NRC as well as the categorial mistreatment of non-saffronites at the hands of the police across the country, mainstream media turned a blind eye to the spectacle at the Shah Garden Maidan in Mangaluru’s Adyar where about two lakh patriots with tricolor in their hands converged to assert themselves on January 15th, 2020, a date which will be remembered by the people of coastal Karnataka forever.

The largest gathering in the history of Mangaluru was absolutely peaceful, law-abiding and respectful. While the slogans of ‘Azaadi’ were reverberating in the atmosphere, the protesters were seen making way for vehicles and passersby, taking care of women and helping elderly citizens on the highway adjacent to the ground. Though the organisers and most of the participants were Muslims, they collectively identified themselves as “We, the people of India”.

The district administration and the police department hadn’t imagined or even dreamt of such a mammoth gathering after blocking the highway and banning public transport from 9 am to 9 pm. Many opine that this action was taken only to discourage the concerned from participating in the protest and to create fear in the hearts of the people who are yet to process the unjustifiable deaths of two innocent citizens in an unwarranted police firing a few weeks ago.

What has since surprised the protesters most is the mainstream media’s blatant attempt to downplay the significance of this largest ever gathering. Shockingly, it could not make it to the front pages of any of the state-level Kannada daily newspapers except city-based Vaartha Bharathi. In the absence of The Hindu, which had announced a holiday on account of Makar Sankranti, most of the English newspapers too pitilessly buried the historic event in their inner pagers. National TV channels too were evidently reluctant to cover the event until NDTV started telecasting the news of the protest.

This uneasy relationship between the media and minorities in coastal Karnataka has long existed, but the non-coverage of the huge protest of Jan 15 marks a quantum leap beyond the media’s traditional pro-Sangh Parivar stance and biases –– which in the past had often demonised non-saffronites –– to now completely ignore and suppress the people’s voice. This media bias has naturally evoked a sharp response from netizens, who took to social media to issue clarion calls to boycott the mainstream media forever.

Cleanliness Drive

Most major protest meets and rallies –– both religious and political –– leave behind tonnes of garbage, especially water bottles, placards and buntings. However, the organisers of the Jan 15 protest meet led by example by launching a cleanliness drive in the area soon after the protesters left the venue peacefully. The drive continued on Jan 16 too. (Ironically, amidst this ongoing cleanliness drive, a local news portal captured photos of a few plastic bottles scattered along the road at Adyar and published a report accusing the event organisers and participants of polluting the area!)

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News Network
March 30,2020

Mangaluru , Mar 30: Dakshina Kannada Superintendent of Police Laxmi Prasad on Monday suspended a constable attached to Subramanya Police Station for manhandling the chief priest of Kukke Subramanya Temple on Saturday.

According to the police, when the priest Srinivas Bhat was on his way to the temple to offer Puja, Prasad, a police constable intercepted him and enquired where he was going during the lockdown period and then charged at him with lathi on his hand and back.

The priest, then immediately filed a complaint at local police station, following which a complaint was also brought to the notice of Deputy SP of Puttur Sub-division.Please lo

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News Network
March 12,2020

Mangaluru, Mar 12: Deputy Commissioner Sindhu B Rupesh on Thursday said that the test reports of the 35-year-old passenger from Dubai have shown no signs of either Coronavirus (COVID-19) or H1N1.

In statement issued here Ms Rupesh said that the passenger has now been discharged from the Bantwal hospital. He has been asked to stay at home quarantined for the next 14 days.

The passenger, who had been diagnosed with fever after he arrived at the airport from Dubai on March 8, had left the Government Wenlock Hospital in the early hours of March 9 refusing to undergo tests.

Later, he was traced and admitted to the hospital in Bantwal and his throat swab samples had been sent to Viral Research Diagnostic Laboratory (VRDL) in Hassan Institute of Medical Sciences.

Meanwhile, throat swab samples of six patients were also found negative for COVID-19.

As many asf 49 people were under quarantine in the district of which five have completed the 28-day cycle.

All passengers arriving by international flights and those in contact with them should voluntarily report to the district health team and undergo self-quarantine for 14 days. If there were symptoms of cough, cold and fever, they should undergo tests for COVID-19. If the reports were positive for COVID-19, then they have to stay in the isolation ward of the Government Wenlock Hospital or in the seven select private hospitals for 28 days.

Screening facility at the airport has been strengthened by posting doctors from seven private medical colleges on rotation basis. These doctors would be in addition to the medical officer at the airport. An ambulance has been placed at the airport exclusively to shift people to the hospitals, she added.

The State government has issued a notification on Wednesday authorising Deputy Commissioners to get the affected admitted by force, if necessary.

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