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
June 8,2020

Bengaluru, Jun 8: Karnataka recorded 308 new COVID-19 cases in the past 24 hours, with the majority of patients being domestic returnees, raising the state's tally to 5,760 an official said, here on Monday. "Over 308 new cases were reported from Sunday 5 pm to Monday 5 pm," said the health official.

Like everyday Maharashtra returnees accounted for 96 per cent (267 cases) of the 277 new cases. Majority infections in Karnataka nowadays are returnees, mostly from the state's northern neighbour.

A few returnees also came from Tamil Nadu, Telangana and Andhra Pradesh. There was one international returnee, a 23-year-old man from Dakshina Kannada, who came from the UAE. Only 24 new infections were contacts of earlier cases.

On Monday, cases spiked in Kalaburagi, Yadgir, Bidar, Udupi, Bengaluru Urban, Ballari and Gadag.

Among the new cases, Kalaburagi contributed (99), followed by Yadgir (66), Bidar (48), Udupi (45), Bengaluru Urban (18), Ballari (8), Gadag (6), Shivamogga and Dharwad (4 each), Hassan and Dakshina Kannada (3 each), Bagalkote (2) and Koppal and Ramnagar (1 each). Four patients are suffering from Influenza-Like Illness (ILI).

Meanwhile, record 387 patients got discharged in the past 24 hours. On Monday, three persons - A 67-year-old man, a 48-year-old woman and another 65-year-old woman, all from Bengaluru Urban, succumbed to coronavirus.

Of all the cases, 3,175 are active, 2,519 discharged, 64 dead and 14 in the ICU.

In the past 24 hours, Karnataka tested 8,779 people. Of this, 8,231 reports returned negative. A number of tests were lower than other days. In total, 3.93 lac samples have been tested so far, of which 3.8 lac have returned negative.

Currently, Udupi is leading the state's COVID-19 burden with 628 active cases, followed by Kalaburagi (539), Yadgir (488), Raichur (276) and Bengaluru Urban (176) among others.

Bengaluru Urban has accounted for 18 deaths, followed by Kalaburagi (7), Bidar, Vijayapura, Davangere and Dakshina Kannada (6 each) and Chikkaballapur (3 each), among others.

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News Network
May 1,2020

Bengaluru, May 1: The Karnataka government on Friday issued a show cause notice to an IAS officer over his recent tweet about coronavirus-cured Tablighi Jamaat members donating plasma for treatment of other patients.

The officer, Mohammad Mohsin, was in the news last year after the Election Commission suspended him for trying to inspect Prime Minister Narendra Modi's helicopter during his visit to Odisha in April. He was deployed as a poll observer.

"More than 300 Tablighi Heroes are donating their plasma to serve the country in New Delhi only. What about? #Godi Media? They will not show the works of humanity done by these heroes," Mohsin said in a tweet on April 27.

A 1996 batch IAS officer from Karnataka cadre hailing from Bihar, Mohsin is currently serving as a secretary in the Backward Class Welfare Department.

The state government said the show cause notice has been issued to the officer in connection with his tweet.

"The adverse coverage this tweet has got in the media has been taken note of seriously by the government, given the serious nature of COVID-19 and the sensitivities involved," the notice, which was accessed by PTI, stated.

The government has sought a written explanation from the officer within five days for violating the All India Services (Conduct) Rules, 1968.

It warned of action against Mohsin as per the All India Services (Discipline and Appeal) Rules, 1969 if he fails to submit his reply before the deadline.

"The Karnataka government has made it clear that it would not hesitate to act even against powerful functionaries if their actions are damaging to the harmony in the state at a time when all are united in fighting COVID-19," a senior state bureaucrat said.

The Tablighi Jamaat, an Islamic missionary group, shot into the limelight early this year after thousands of its members who attended a congregation in south Delhi's Nizamuddin in March tested positive for coronavirus.

After attending the event, the group's members travelled to various parts of the country, with many of them carrying the virus.

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News Network
June 19,2020

Bengaluru, Jun 18: Former Karnataka Chief Minister and Congress leader Siddaramaiah has accused the BJP-led government of not passing the benefit of the low price of crude to the common man and urged Prime Minister Narendra Modi to take steps to bring down prices of petroleum products.

Hitting out at the BJP-led government, he termed it as "opportunistic" and said the price of petroleum products were being increased when people were facing difficulties due to COVID-19.

"It is very disheartening to witness and unprecedented opportunistic government which is trying to extract every pound and flesh from the common man, that too when the whole country is suffering from the COVID-19 pandemic. This is in the backdrop of the continuous price hike in the last 10 days," said the letter was written on Wednesday.

The Congress leader said that the policy decisions taken by the government "with respect to managing fuel sources are inconsistent with the prudent measures generally adopted".

"When the price of crude oil was remarkably low in March, April and May 2020, your government was very reluctant to pass on the benefits to the people by reducing the fuel prices proportionately, but, instead, your government continued to capitalise by increasing the excise duty," he said.

He said the government had also "failed" in the last six years to increase the oil storage capacity which could have been used for the country's advantage when the international crude oil price fell really low.

He said the government should roll back the excise duty and help in the reduction of fuel prices.

"The reduced burden will help the common man to have additional money in hand that will be spent on essential goods and services which will ultimately help them tide over these difficult times," he said.

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