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.

Normal 0 false false false EN-US X-NONE X-NONE

/* Style Definitions */
table.MsoNormalTable
{mso-style-name:"Table Normal";
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:"";
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin-top:0in;
mso-para-margin-right:0in;
mso-para-margin-bottom:10.0pt;
mso-para-margin-left:0in;
line-height:115%;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:"Calibri","sans-serif";
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:"Times New Roman";
mso-bidi-theme-font:minor-bidi;}

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 8,2020

Bengaluru, Jun 8: Veteran Congress leader Mallikarjun Kharge on Monday filed his nomination as the party's candidate for the June 19 Rajya Sabha polls from Karnataka.

The former union minister filed his nomination in the presence of KPCC President D K Shivakumar, Leader of Opposition Siddaramaiah and other senior party leaders at the office of Legislative Assembly Secretary M K Vishalakshi, who is the returning officer for the polls.

Ahead of filing of nomination, the Congress Legislature Party meeting was held under the leadership of Siddaramaiah, after which Shivakumar issued "B-form" to Kharge.

The Congress high command on June 5 had announced Kharge as the party's candidate for the Rajya Sabha polls.

The election is scheduled on June 19 to fill four Rajya Sabha seats from Karnataka represented by Rajeev Gowda and BK Hariprasad of the Congress, Prabhakar Kore of the BJP and D Kupendra Reddy of the JD(S) that will fall vacant on June 25, with their retirement.

June 9 is the last date for filing nominations.

Congress with 68 MLAs in the assembly can win one of the four seats easily on its own, so Kharge's victory is said to be certain.

This will be the first stint in Rajya Sabha for Kharge, who has always got elected directly by the people in his political career spanning over four decades.

The leader, earlier popularly known as "solillada Saradara", (a leader without defeat), faced his first electoral loss in his political life against BJP's Umesh Jadhav in Gulbarga by a margin of 95,452 votes during the 2019 Lok Sabha polls.

A nine-time MLA and two-term Lok Sabha member, he had served as Congress floor leader in the previous Lok Sabha, and also as Union Railway and Labour Minister during the UPA government.

Kharge, who is 77-years-old, has also served as minister during several Congress governments in the state, and as KPCC President and Leader of Opposition in the Karnataka Assembly in the past.

His son, Priyank Kharge, is currently MLA representing Chittapur constituency and had served as minister during the previous Congress and coalition governments.

JD(S) patriarch and former Prime Minister HD Deve Gowda is the JD(S) candidate.

The regional party that has 34 seats in the assembly is not in a position to win a seat in Rajya Sabha on its own, and will need the support from the Congress with its surplus votes.

A minimum of 44 votes are required for candidates to win.

BJP with 117 members in the assembly (including Speaker), can ensure easy victory in two seats.

The BJP's central leadership on Monday sprang a surprise by fielding Eranna Kadadi and Ashok Gasti as its candidates for the Rajya Sabha election ignoring the recommendations of the state BJP unit.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 6,2020

Wuhan, Feb 6: Chinese multinational conglomerate holding company Tencent has allegedly published "real" data on the novel coronavirus deaths, with briefly listing death toll as 24,589 -- way too higher than over 500 deaths China has officially announced to date.

According to Taiwan News, "Tencent... seems to have inadvertently released what is potentially the actual number of infections and deaths, which were astronomically higher than official figures".

Tencent, on its webpage titled "Epidemic Situation Tracker," showed confirmed cases of novel coronavirus (2019-nCoV) in China as standing at 154,023 - over 10 times the official figure given to the world on February 1.

Data leaked: Tencent lists 25,000 deaths in China, 1.54 lakh infections from coronavirus
It listed the number of suspected cases as 79,808, four times the official figure.

"The number of cured cases was only 269, well below the official number that day of 300. Most ominously, the death toll listed was 24,589, vastly higher than the 300 officially listed that day".

Once people noticed this, Tencent immediately updated the numbers to reflect the government's "official" numbers.

"Netizens noticed that Tencent has on at least three occasions posted extremely high numbers, only to quickly lower them to government-approved statistics," said the report.

Some people speculated a coding problem may be behind the real "internal" data but others believe that someone is actually trying to reveal the real numbers.

Tencent was yet to officially comment on these reports.

"According to multiple sources in Wuhan, many coronavirus patients are unable to receive treatment and die outside of hospitals."

There have been multiple reports of Wuhan officials cremating deceased coronavirus victims before they could be added to the official death toll.

The Wall Street Journal reported that the coronavirus numbers coming out of China are "fishy".

If the numbers from the alleged Tencent leak are accurate, it would put coronavirus' mortality rate at almost 16 per cent. By comparison, SARS' mortality rate was 9.6 per cent, reports CCN.

Caijing, an independent magazine based in Beijing that covers societal, political, and economic issues, has also claimed that the Communist Party of China (CCP) is underreporting the extent of the coronavirus outbreak.

Caijing's article on Coronavirus that detailed how Wuhan officials are not reporting real figures was censored in China.

As of Thursday, the official death toll in China rose to 563, with 28,018 confirmed cases.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 20,2020

Bengaluru, Jun 20: A 56-year-old head constable, who had tested positive for the coronavirus infection a couple of days ago and was undergoing treatment, died on Saturday, police said.

The deceased, attached to the Kalasipalya police station, was being treated at Victoria Hospital here, they said.

This the second death of a policeman in the state due to COVID-19. The first one was an assistant sub-inspector attached to the V V Puram traffic police station.

Officials said the deceased constable was among nine others who had tested positive for COVID-19.

Meanwhile, an ASI with the Wilson Garden traffic police station here has also reportedly tested positive. According to sources, the ASI is undergoing treatment at a designated hospital and the station has been sanitised. His contacts are being quarantined. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.