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.
coastaldigest.com news network
May 25,2020

Ernakulam, May 25: Miscreants belonging to self-proclaimed Hindutva outfits have demolished a church set erected for the shoot of a Malayalam film at Kalady in Kerala’s Ernakulam district.

The set was erected to shoot the climax scene of the super hero film Minnal Murali, directed by Basil Joseph and starring Tovino Thomas and newcomer actor Femina.

The incident took place on Sunday. Members of the Antharashtra Hindu Parishad claimed that with the help of their sister outfit Antarashtra Bajrang Dal, they demolished the church set, erected on an island on the Periyar river in Kalady.

Hari Palode, the General Secretary of AHP, an organisation founded by Praveen Togadia, boasted on Facebook that they were not used to pleading to anyone, and decided to demolish the church set that was constructed near the Adi Sankaracharya mutt. 

“When they built such a structure in front of the Mahadeva shrine in Kalady, we said no. We had also submitted several complaints. We do not have the habit of pleading. We decided to demolish it. Our self respect must be protected at all cost,” AHP’s General Secretary Hari Palode wrote on his Facebook post along with pictures of members demolishing the set. 

The post also credited members of the Anrarashtra Bajrang Dal and its Ernakulam Division President Malayatoor Ratheesh for participating in the ‘service work’ of razing the church set. 

Mini Biju, member of Kalady Town panchayat confirmed that the film unit had indeed secured permission from the department before going ahead with the construction of the set.

“They had submitted a letter seeking permission to raise a temporary set. This was back in February before construction began. The panchayat committee had approved this request,” Mini said.

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.
coastaldigest.com web desk
February 1,2020

Shivamogga, Feb 1: A three-year-old girl who fell out of a moving vehicle had a miraculous escape in Agumbe Ghat section in Teerthahalli taluk of Shivamogga district of Karnataka.

The incident took place in the early hours of Friday when 12 members from three different families were returning from a tour of Kerala and Tamil Nadu. The girl was reunited with her family after 30 minutes of high drama.

The child, identified as Anavi, is believed to have fallen from the vehicle as it negotiated hairpin bends on the Agumbe Ghat road, 350km from Bengaluru. The child's parents, Binu and Lincy, from NR Pura in Chikkamagaluru district, and other family members reportedly dozed off and did not realize the child had fallen off the vehicle until they covered a distance of about 20km.

One of the family members noticed that child was missing from the seat next to the door. When the driver realized the door latch had given way, they suspected the child could have slipped out of the vehicle.

Then the family started searching along the road and learnt from a forest guard at the Agumbe checkpost that a missing child was found and it had been handed over to Agumbe police station.

An advocate who identified himself as Vinay spotted the girl child as he passed the deserted stretch minutes after the vehicle left and picked her up and handed her over to Agumbe police.

The child sustained minor injuries in the fall. She was provided medical treatment before she was handed over to the parents.

Sources said it wasn't known how the vehicle door opened. One theory is that the girl could have accidentally unlocked the door while clutching the latch in the bumpy ride on the ghat. Police did not file any complaint.

Similar incident

This incident is almost a rerun of a Kerala incident in which a one-year-old baby fell off a moving jeep and was reunited with its mother hours later in September 2019 in Idukki district.

The baby had slipped off the mother's arms while she dozed off in the vehicle. CCTV footage showed the baby, after falling on the road, crawling towards a lit-up area close by, which turned out to be a forest checkpost. Family realised child was missing after 20km.

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
March 6,2020

Bengaluru, Mar 6: School children in Karnataka will have 'bag-free' days on two Saturdays in a month as part of efforts to create a joyful learning experience, Chief Minister B S Yediyurappa announced on Thursday. By making two Saturdays in a month as bag-free days, "Sambhrama Shanivara" will be observed with the objective of creating a joyful learning experience by reducing the burden of text books, he said, presenting the 2020-21 budget in the state assembly.

"The main purpose of such days is to create awareness, by means of activities, on topics that are necessary for students to be ideal citizens," he added.

He also said for the first time in the history of the state his government presented a "child budget", making it a special feature of the budget.

All the policies and programmes for the development of children below the age of 18 are consolidated and presented in this budget and as many as 279 programmes involving Rs.36,340crore, which is 15.28 per cent of the total volume of the Budget, have been earmarked.

English medium of instruction would be given along with Urdu in 400 government Urdu schools and Rs one crore will be provided during 2020-21 for this purpose, Mr Yediyurappa said.

For the education of children of auto drivers, up to Rs 2,000 would be provided annually to each family. For this purpose, Rs 40 crore will be provided in the coming fiscal, the Chief Minister added.

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.