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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coastaldigest.com news network
May 15,2020

Mangaluru, May 15: In a shocking development, as many as 20 people from coastal Karnataka, who recently came from United Arab Emirates today tested positive for covid-19.

More than 175 repatriates were brought from Dubai to Mangaluru International Airport on May 12. Among them residents of Dakshina Kannada and Udupi districts were quarantined in their respective district. 

The throat swabs of all the passengers were sent for covid-19 testing on the following day. 21 of them obtained positive report today. Among those tested covid-19 positive, 15 are residents of Dakshina Kannada and five are from Udupi district. 

They were shifted to covid-19 hospitals in their respective districts today.

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Media Release
February 14,2020

Veteran journalist P. Sainath has said that the nation is in a crisis. And this crisis is not limited to just the rural area. It has become a national crisis at various areas such as agriculture, education, economy, job creation etc.

He was delivering the endowment lecture on the topic ‘Indian democracy at the post-liberalization and post-truth era’ at Media Manthan 2020 organized by the PG department of journalism and mass communication at St Aloysius College (Autonomous). 

Mr Sainath said that the many policies adopted in the 90s led to India becoming unusually unequal. Referring to the speech Ambedkar had made at the Constituent Assembly while handing over the draft of the Constitution, Mr Sainath said, “Ambedkar had warned about the weakness of Indian democracy that liberty without equality allows the supremacy of a few over the multitude. Liberty, equality and fraternity must be kept together as we cannot have one without the other.” 

Mr Sainath stated that the agrarian crisis was no longer about the loss of productivity, employment or about farmer suicide; it was a societal, civilizational crisis. Commenting on the lopsided policies such as cow-slaughter ban, he explained how cow slaughter ban had adversely affected many industries due to their interdependency. While Muslims who slaughtered cows were rendered helpless, the cattle traders who were mostly OBCs lost their earnings as the cattle prices crashed. An important industry like Kolhapur sandals industry in Maharashtra went bankrupt as a result of the cow slaughter ban in Maharashtra. He said the policymakers had no idea how the rural industries were interconnected. Demonetisation too devastated the rural economy as 98 percent of rural transactions happen through cash. 

Mr Sainath also spoke about the crisis of inequality which affects the Dalits and the Adivasis far more than anyone else as 90 percent of the rural households take home less than Rs 10,000/- per month. “Women are yet another group whose labour is never counted in the gross domestic product. Women and girls globally do unpaid work which amounts to about 12.5 billion working hours per year. Monetarily speaking, this is worth 10.8 trillion dollars,” Mr Sainath added. 

Speaking about the crisis of jobs Mr Sainath said that major companies were laying off employees just to create more profits for the investors and the adoption of artificial intelligence in the industry would further destroy millions of jobs.

Rector of St Aloysius College Institutions Fr Dionysius Vaz SJ, Principal Dr (Fr) Praveen Martis SJ, HOD of Journalism and Mass Communication department Dr (Fr) Melwyn Pinto SJ were present.

‘Veerappan and Vijay Mallya’s business models are interesting!’

Addressing the gathering during his endowment lecture on Friday, Mr Sainath made an interesting comment on the so called ‘revenue model’. “Whenever I visit IIMs and IITs for lectures on my PARI project, the students there ask me what my revenue model for my project is. I tell them that I do not have a revenue model. In fact, journalism does not begin with a revenue model. Gandhiji, Ambedkar, Bhagat Singh were all great journalists. But they did not have a revenue model,” Mr Sainath said.

On a lighter note, he said that the best revenue model that he liked was that of forest brigand Veerappan and liquor baron Vijay Mallya. “Veerappan ruled the forest for forty years and from the top ministers to the villagers he could dictate terms and liver royally. Similarly, Mallya’s revenue model was to steal the banks and run away abroad and live like a king,” Mr Sainath added.

Journalism is not and can never be a business. It is a calling, he opined. While newspaper can be a business, television can be a business, journalism per se cannot be reduced to a business. “Unfortunately today, journalists are recruited on a contract basis and they have no bargaining power; and there are no unions to fight for their cause. Hence, they are at the mercy of the corporate media houses for their survival and are made to write stories that cannot be called journalism,” Mr Sainath said.

Answering a question as to the pressures he faced as a journalist, he said that external pressures from the government or others could be very well handled. It is the internal pressures from once own media house that journalists find it difficult to manage.

 

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News Network
May 17,2020

Udupi, May 17: A total of 1,460 migrant labourers left for Uttar Pradesh from Indrali Railway Station in Udupi in Shramik Special train on Sunday.

This is the first train to ferry migrant labourers from Udupi. As many as 236 from Karkala, 323 from Kundapura, 901 labourers from Brahmavar, Kaup and Udupi left for their native villages.

More than 2,000 labourers had gathered at the railway station and only 1,460 labourers received tickets to travel.

Those who did not receive tickets were disappointed and got into heated arguments with the officials.

The labourers were promised that they will receive tickets to another train, that would depart from Udupi before May 20. One bogie of the train was reserved for pregnant women, women and children.

As many as 1,712 from Jharkhand, 770 from Odisha, 977 from West Bengal, 1,600 from Bihar, 379 from Madhya Pradesh, 280 from Chattisgarh, 110 from Uttarkhand, 379 from Rajasthan had registered on Seva Sindhu portal.

Additional Deputy Commissioner B Sadashiva Prabhu said that there are plans to make arrangements to send migrant labourers from UP, Uttaranchal, Madhya Pradesh and Jharkhand.

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