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
July 19,2020

Bengaluru, Jul 19: Karnataka Chief Minister B S Yediyurappa convened a meeting with Private Medical College Hospitals on Saturday to assess COVID-19 management and directed them to provide 50 per cent of the beds, as promised, with effect from Sunday.

The chief minister said that private medical college hospitals need to cooperate as there is a sharp rise in COVID-10 cases in the city. He further said that it has come to the notice of the government that some institutes are denying treatment of COVID-19 as well as non-COVID patients.

The chief minister expressed his concerns over media reports stating several people died as they didn't get timely treatment due to denial from the hospitals. He said that Bengaluru should continue to lead the country as a role model in COVID-19 management.

During previous meetings, private medical colleges had agreed upon providing around 4,500 beds, which would make the total beds available in government and private medical colleges 6,500.

The chief minister expressed dismay over some colleges not providing the number of beds as promised and also about certain lacunae which were noticed by ministers during their visit.
During this emergency situation, we should show humanity. COVID and non-COVID patients shall not be denied treatment and the balance in healthcare system shall be maintained, he advised.

He assured them of all support, including providing doctors and nurses if need be.
The private medical colleges had assured to provide 50 per cent of beds and some colleges offered 80 per cent of the beds for COVID treatment.

Nodal officers have already been appointed to monitor the availability of beds in these medical colleges.

It was decided to issue a notice to Vaidehi Medical College for their absence in the meeting.

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coastaldigest.com news network
July 7,2020

Mangaluru, Jul 7: The government of Kerala has barred movement of daily pass holders — professionals and workers — between Kasaragod district and Karnataka’s Dakshina Kannada district following a spurt in COVID-19 cases.

Kerala Revenue Minister E. Chandrasekaran announced the decision at a meeting on Monday in Kasaragod. Both district administrations had in June issued passes to daily travellers in their districts to travel in connection with their work.

Those from Dakshina Kannada intending to work in Kasaragod have to remain in Kasaragod for 28 days if they wish to continue and those from Kasaragod would have to remain in Dakshina Kannada for 28 days if they wish to continue their work, the Minister said.

Thousands from Kasaragod travel daily to Mangaluru and surrounding areas in connection with their work. Their travel past Talapady check post on NH 66 was facilitated by daily e-passes.

Similarly, many from Dakshina Kannada, particularly doctors and healthcare workers, travel daily to Kasaragod with daily e-passes issued by the Kasaragod administration.

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Agencies
January 12,2020

New Delhi, Jan 12: In a shocking revelation, one unemployed person committed suicide every hour during 2018 when a total of 1,34,516 suicides, including 92,114 male and 42,391 female, were reported in the country, NCRB's "Suicide in India 2018" says.

The latest data, issued by the National Crime Records Bureau (NCRB), which comes under Ministry of Home Affairs, last week reveals that a total of 12,936 unemployed persons committed suicide in 2018, which accounted for 9.6 per cent of the total suicides, and were of aged below 18 years to above 60 years.

Those below 18 years include 31 males and nine females while those between 18 and 30 years comprise 1,240 male and 180 female. A total of 868 male and 95 female were aged between 30 and 45 years. A number of 237 males and 21 females were aged between 45 and 60 years while 2,431 males and 310 females were above 60 years.

Of the total suicides by unemployed persons, males are 10,687 while the females are 2,249.

The highest number of suicides - 12.3 per cent - committed by unemployed persons were in Kerala (1,585 out of 12,936 suicides), 12.2 per cent in Tamil Nadu (1,579), 9.7 per cent in Maharashtra (1,260 suicides), 8.5 per cent in Karnataka (1,094 suicides) and 7 per cent in Uttar Pradesh (902 suicides).

"Each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting the lives of families, friends and communities. Every year, more than 1 lakh people commit suicide in our country. There are various causes of suicides like professional/career problems, sense of isolation, abuse, violence, family problems, mental disorders, addiction to alcohol, financial loss, chronic pain etc," says the NCRB adding it collects data on suicides from police recorded suicide cases.

As per the NCRB, rate of suicides has been calculated using projected population for the non-census years whereas for 2011, the population of the Population Census 2011 was used.

The NCRB data says that a total of 1,34,516 suicides were reported in the country during 2018 showing an increase of 3.6 per cent in comparison to 2017 and the rate of suicides has increased by 0.3 during 2018 over 2017.

Government servants accounted for 1.3 per cent (1,707 out of 1,34,516) of the total suicide victims as compared to 6.1 per cent (8,246 out of 1,34,516) of total victims from Private Sector Enterprises.

Employees from Public Sector Undertakings formed 1.5 per cent (2,022 out of 1,34,516) of the total suicide victims, whereas students and unemployed victims accounted for 7.6 per (10,159 victims) of total suicides. Self-employed category accounted for 9.8 per cent of total suicide victims (13,149 out of 1,34,516).

A total of 10,349 persons involved in farming sector (consisting of 5,763 farmers and cultivators and 4,586 agricultural labourers) have committed suicide during 2018, accounting for 7.7 per cent of total suicides victims (1,34,516) in the country.

A total of 11 transgenders have committed suicide in which three were daily wage earners, one each were 'professionals and salaried persons' and 'unemployed persons' while six falls under 'Other Persons'.

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