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
March 21,2020

Bengaluru, Mar 21: Karnataka Deputy Chief Minister CN Ashwath Narayan on Saturday said that all the IT companies in the state have agreed to close their offices and have also allowed some employees to work from home in the backdrop of the coronavirus pandemic.

"IT companies agreed to close their offices and allow employees, except for those discharging essential services, to work from home during a video conference with companies' representatives yesterday," said Narayan.

The Deputy Chief Minister said a circular regarding it will be issued soon.

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News Network
May 17,2020

Bengaluru, May 17: Left to itself, Karnataka will look to spring back towards normalcy under Lockdown 4.0 as the state government is on standby to resume public transport services from May 18, if the Centre allows it. 

Though KSRTC and BMTC have been preparing for resumption of services, officials in the two corporations told DH that they cannot make a move till the government makes a decision.

Transport Commissioner N Shivakumar said the department will take a decision based on the state government's orders. "The government will take a call on buses as well as taxi and other transport services," he said.

Senior officials in the state government said Deputy Chief Minister and Transport Minister Laxman Savadi has written to Union Minister for Road Transport and Highways Nitin Gadkari seeking a nod for resumption of the services. 

Transport Secretary Gaurav Gupta has written a separate letter to his counterpart in the Union government requesting permission to operate public transport. "The state government wants the services to open. The official has listed out the steps the corporations will take to ensure social distancing other steps that will be taken to check spread of Coronavirus," a source said.

The B S Yediyurappa administration has been bullish on easing lockdown restrictions. 

If the Centre empowers the states to define Lockdown 4.0, Karnataka is likely to do away with the red-orange-green zoning of districts and allow public services to resume, except in COVID-19 containment zones. The government is also likely to redefine its containment strategy by micromanaging localities where COVID-19 cases are reported, without letting life in an entire district get affected. 

The government has already shown willingness to allow hotels and gyms to open after May 17 subject to social distancing norms and restrictions. In fact, the government has proposed to allow the resumption of all economic activities in standalone establishments. The government, however, is not keen on opening malls, theatres, diners and establishments that have centralized air conditioning. 

“Everything depends on the Centre,” Deputy Chief Minister CN Ashwath Narayan said. “Our only stand is that the red zone should be treated at par with the other zone when it comes to relaxation.” 

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coastaldigest.com news network
June 28,2020

Mangaluru, June 28: In his apparent bid to win the hearts of the people of Tulu Nadu while leaving this coastal city, Dr P S Harsha, the outgoing Mangaluru city police commissioner, today took to social media and thanked the people. The language he chose for his prolonged Facebook post and one paragraph tweet was Tulu.

“Loveable people of Kudla! I have received the transfer order after serving as the Commissioner of Police of Mangaluru City for 11 months. (During this period) I worked with utmost honesty and pro-people approach with the complete cooperation of my department. I wholeheartedly thank all those who supported me,” tweeted Dr Harsha, who is now posted in Bengaluru as the Deputy Inspector General and Commissioner of Information and Public Relations.

In his Facebook post, Dr Harsha claimed that thanks to his initiative “My Beat My Pride”, the policing in the coastal city has strengthened. 

“My only intention was to put an end to rowdyism and illegal activities. I had given priority to curb the drug mafia. ‘My Beat My Pride’ became a successful initiative thanks to public support,” he said. 

The IPS officer went on to claim that with the with the co-operation of the senior officers, the police department managed to efficiently handle situations during anti-CAA and pro-CAA agitations in the city, detection of explosives at Mangaluru International Airport and also during the covid-19 pandemic. 

However, he did not mention about the death of two people in random police firing following a baton charge during anti-CAA protests in the city on December 19.

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MP
 - 
Tuesday, 30 Jun 2020

power is not permenant. 2 innocents were killed in mangalore,  if it was in USA the cop would have been in jail.

 

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