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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Agencies
January 9,2020

New Delhi, Jan 9: A total of 10,349 people involved in the farming sector, including 5,763 farmers or cultivators, committed suicide in 2018, the National Crime Records Bureau (NCRB)'s report on 'Crime in India-2018' reveals.

The annual data was released around three months after the government released the NCRB report on 'Crime in India-2017'.

As per the latest data, of the 10,349 persons, who committed suicide in 2018, 4,586 were agricultural labourers.

The number of suicides in the farming sector in 2018 accounted for 7.7 per cent of the total suicide-victims (1,34,516) in the country, the NCRB data said.

Suicides in the country in 2018 rose to 1,34,516 from 1,29,887 in 2017.

The rate of suicides was up from 9.9 per cent in 2017 to 10.2 per cent in 2018. In 2017, a total of 10,655 farming sector-suicides were reported.

West Bengal, Bihar, Odisha, Uttarakhand, Meghalaya, Goa, Chandigarh, Daman and Diu, Delhi, Lakshadweep and Puducherry reported zero suicides of farmers or cultivators and agricultural labourers during 2018, said the report.

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News Network
April 25,2020

Mangaluru, Apr 25: In the backdrop of protest staged by locals against the cremation of a 75-year-old woman, who was tested positive for coronavirus, Dakshina Kannada Deputy Commissioner Sindhu B on Friday stated that there is no chance of anyone getting infected from a corpse.

Protocols, as laid by the Centre with regard to cremation of Covid-19 patients, will be followed, said Sindhu in a statement.

The release added that the COVID-19 victims would be buried as per their religious customs. Not more than 20 people would be allowed to perform the last rites. Even closest relatives of the deceased would not be allowed to touch or bathe the body, the release said.

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News Network
April 27,2020

Belgaum, Apr 27: A CRPF COBRA commando was thrashed and dragged to police station barefoot by police allegedly for violating lockdown norms here in Belgavi district.

Sachin Savant, the CRPF commando of 207 COBRA was arrested by police personnel of Sadalga Police Station on April 23 on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The incident took place when the commando was cleaning his motorcycle in front of his house at Examba.

Images of the jawan being tied up in chains and the video of the incident have created furore on social media.

Calling it an "unfortunate incident", CRPF Additional Director General (Operations) Sanjay Arora wrote to Karnataka DGP Praveen Sood.

"In an unfortunate incident, Ct Sachin Savant of 207 COBRA was arrested by police personnel of Sadalga Police Station, Distt Belagavi, on Apr 23, on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The individual was on extended leave and cleaning his motorcycle in front of his house, at Examba, when the incident took place," Arora said in a letter to DGP.

In the video of the incident, the commando is seen standing near a bike, while multiple police personnel indulge in a verbal spat with him. A police personnel can be seen repeatedly pushing and shoving the jawan. The commando retaliates after he was attacked with a lathi by the police.

"Reportedly, a skirmish had taken place between the COBRA commando and the Beat police personnel over wearing of a mask, following which he was manhandled and ill-treated, before his family members, and paraded to the police station barefoot, where he was kept in chains and handcuff," CRPF ADG said.

He said the viral video shows that police personnel's conduct was not "citizen-centric".
Stressing that this "unpleasant situation" could have been avoided, if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest, he said: "CRPF is a very reputed force, with high standards of discipline, and we have the institutionalized mechanism for taking care of such situations."
Arora asked that Karnataka DGP to get the matter inquired and provide justice.

Meanwhile, CRPF spokesperson M Dhinakaran said the bail plea of the commando will be taken up in the court on Tuesday.

"We have taken up the case with State Police Chief of Karnataka. On Tuesday, his bail plea case is coming before the court. The CRPF will be in court through a local officer. Thereafter, an investigation into the matter shall be followed up to take it to the logical conclusion," said Dhinakaran.

Giving clarification on the matter, Belgavi Superintendent of Police told media that the CRPF jawan was found roaming with friends, who ran away on seeing police. However, the jawan was caught without a mask.

"The jawan was standing without wearing a mask. When policemen on duty asked him why he is not wearing a mask, he started arguing asking them who are you to ask and I am from CRPF, thereby violating the orders promulgated by DC," he said.

The SP also claimed that the jawan lost his cool and kicked the stomach of one of the constables.

"The jawan held the collar of the police constable and started pushing him aggressively. Another head constable, who is old, came to the rescue of his fellow colleague. Later the jawan was taken to the police station and a case was registered under various sections of IPC and Section 3 of Epidemic Disease Act against him," he said.

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