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
April 16,2020

Bengaluru, Apr 16: In view of the raging coronavirus pandemic, no public iftaar or sehri will be organized during Ramazan, the month of fasting for the Muslims, the Karnataka Minority Welfare Department announced here on Thursday.

"No public shall be allowed to perform five-time congregational prayers in mosques, across Karnataka during Ramazan in view of COVID-19 pandemic. No public address system to be used by the staff of mosques for offering namaz,'' the department said.

During the holy month of Ramazan, it is a tradition to organise iftaar feasts for large gatherings by different people, especially by politicians, celebrities and the common wealthy people for their friends and family.

Ramazan is to commence from the 24th or 25th of April this year, depending on the sighting of the moon.

The order stated that Azaan (the call for prayer) shall be given at low decibel and namaaz including Friday namaaz, will be performed by the imams, moazzins and the masjid staff only.
No public should be allowed to offer namaaz in the mosques as per government directions, it said.

The state government also cited an order by the Ministry of Home Affairs dated April 15, which stated that "All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited due to the outbreak of COVID-19 across the country."
Thirty-four more COVID-19 cases, including 17 cases from Belagavi, have been reported from Karnataka. The total number of coronavirus cases in the state now stands at 313.

The total number of cases in India has now climbed to 12,380. Out of these cases, 1489 have been cured/discharged/migrated while 414 deaths have been reported so far, as per the latest data provided by the Ministry of Health and Family Welfare.

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April 12,2020

Raipur, Apr 12: As many as 108 out of the 159 people that were quarantined by the Chhattisgarh government last week for allegedly taking part in Delhi’s Tablighi Jamaat congregation are Hindus, according to reliable sources. 

The names of these 159 people, who were said to be in Delhi’s Nizamuddin area when the Tablighi Jamaat congregation was held mid-March, were mentioned in a list issued by the state home department last month. 

The list has been accessed by the many media outlets. But, Raipur Collector S. Bharti Dasan and the state’s Principal Secretary, Home, Subrata Sahu, claimed no such list was issued.

However, a senior state home department official, who didn’t want to be named, said: “Listing of the names was done on the basis of location of mobile phones traced in Nizamuddin in the month of March during the period when congregation of Tablighi Jamaat was held.

“It was subsequently sent to the chief medical officers in the respective districts for further action,” the official added.

These 159 people have either been quarantined at their homes or at government isolation centres. The quarantine exercise took place between 31 March and 1 April.

Interestingly, almost all the people named in the list have denied attending the massive Jamaat congregation, which had seen the participation of over 3,000 people, including foreigners.

Under quarantine “forcefully”, these people alleged they are facing social boycott as they have been “linked to the Tablighi”.

Those placed under quarantine, told media if their phone locations have shown their presence in the Nizamuddin area that didn’t necessarily mean they had attended the Tablighi congregation.

“My neighbours are no longer like my family. After 31 March, I have received more than 500 calls (from relatives and friends) and had to convince them that I didn’t attend the Jamaat event,” Umesh Pandey, a resident of Ambikapur, said.

“People in my area have started saying that some Brahmins took part in the event. I have no objection to being kept in quarantine, but it should be explained why it is being done,” said Pandey, who is a consumer rights activist.

Pandey said, like every year, he had gone to Delhi in March to participate in a consumer protection programme and had stayed at a hotel in Nizamuddin. “I came back on 17 March. After I was quarantined, a false propaganda is being spread about me that I am linked with Tablighi Jamaat activities.”

Pandey said he and his family are now being “looked at as suspects”. 

Kamal Kumar Popatani, a businessman from Bilaspur district, has faced similar problems. Popatani and his family have been living in isolation since 31 March.

“I am completely flabbergasted by this step taken by the state government. I always visit Delhi to procure items for my shop. This time too I had completed my procurement and had returned home on 16 March. Everything was usual till 30 March, but suddenly after 31 March, when this so-called list of 159 alleged suspects was released by the government, we were placed under isolation,” Popatani said.

“My own family members, neighbours and everyone I know are now accusing me that I had joined the Tabligi Jamaat gathering. How can it ever happen? This strange attitude of the government has made my entire family a victim of social boycott.”

Trader Abdul Rahman, a resident of Lutra Sharif area of Bilaspur district, also echoed similar sentiments.

“I returned from Delhi along with my wife on 15 March, but my entire family has been kept in isolation since 31 March. All this is way beyond my comprehension… Blood samples of the entire family were taken. Now everyone is keeping a distance from us and calling us corona suspects,” said Rahman, who had gone to Delhi for a holiday.

“People not only from my village but also in the nearby villages are pointing fingers at me and my family… We are the ones who condemn Tablighi Jamaat and their activities. We have nothing to do with them. The quarantine… has brought…infamy to us,” he added.

In another goof-up, the list even includes names of some people who no longer live in the state but carried mobile numbers issued in Chhattisgarh. One such name is that of BSF sub-inspector Shantanu Mukherjee, who was working in Bhilai about two years ago, but is currently posted in Delhi.

“What kind of list is this? Who released it in the first place? At first, I received a call from the Covid-19 control room in Chhattisgarh and then from the State Police Control Centre. They inquired about my health and current place of posting,” said Mukherjee, whose office is located close to the Nizamuddin area. 

Makkhan Singh Yadav, a sub-inspector with the CRPF, is another case in point. Yadav, who is posted somewhere close to Nizamuddin, had bought a SIM card from Dantewada, when he was posted there five years ago.

“I had received calls from both Delhi and Chhattisgarh police after being marked as a corona suspect. But when I explained the reality to them, no calls were made thereafter. I could not understand how all this is taking place,” said Yadav, who is a native of Rampur, Uttar Pradesh.

A first-year Delhi University student, who belongs to Mahasamund district of Chhattisgarh, has been kept under isolation at a local government hospital.

The student, who didn’t want to be named, said she had gone to Nizamuddin railway station to catch a train for Chhattisgarh.

“I came home immediately after it was announced that educational institutions are shutting down. After returning from Delhi, I spent around 19 days at my own home, but suddenly I was admitted to the hospital on 1 April. Why have I been brought here (hospital) if I have no symptoms? All this feels like some sort of torture.”

“Despite my repeated denial, I was brought here by the health department on the pretext of being associated with the Tablighi Jamaat,” she said. 

Asked about the Tablighi quarantine list, principal secretary Sahu said: “The government has issued no such list. We have received inputs from the social media about three such lists but the state government has not officially prepared any list.

“All those put under quarantine have been done as per the orders issued by the state government. This order states that those who came to the state after 1 March should be kept under isolation,” he added.

Raipur Collector Dasan refused to say anything about the list and added that people have been kept under quarantine after obtaining their “detailed travel history” based on the guidelines issued by the ICMR.

On the allegation of social boycott, Dasan said: “No person or their families placed under home quarantine or isolation should be subjected to any social boycott or misconduct. They also need not have any social inferiority complex in their minds.

“If any person placed under quarantine feels like this (social inferiority complex), the government has arranged counsellors for them. Our counsellors are convincing and assuring such people by reaching out to them.”

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News Network
March 27,2020

Bengaluru, Mar 27: India should take a cue from the UK and Italy and allow final year medical students to skip exam and bring them into the hospital system immediately to fight the war against COVID-19, noted cardiac surgeon Devi Prasad Shetty on Friday said.

The Chairman and Founder of the city-based Narayana Health said there should be some reforms in medical education like the UK and Italy.
In the UK, he noted, final year medical students have been told that they don't need to appear for the exam, and they will be given pass based on the past performance and they can get into the hospital system to fill the shortage.

Italy got 10,000 more doctors following the move to cut short the duration of MBBS by nine months, according to him.

COVID-19 battle can be only won by young doctors and young nurses. Its like a war, Shetty told PTI.

He said: Senior doctorsnone of them will be able to touch the patients because they are past the age of 50. A person who is past the age of 50 is very vulnerable himself.

This is a very contagious disease. "But we dont have that many battalion (of doctors). We need one and half lakh doctors to manage all these government
hospitals and private hospitals (to fight COVID-19)", he added.

​​​

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