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
May 20,2020

Bengaluru, May 20: A mysterious "boom" heard in large parts of Bengaluru this afternoon left residents of the city and social media users puzzled. While the source of the sound is being investigated, the Indian Air Force (IAF) indicated that it could be the result of "routine test flights that necessitate going supersonic a times".

The sound was heard from as far as the Bengaluru airport in Devanahalli to the IT hub of Electronic City 54 km away. It was also heard in Kalyan Nagar in east Bengaluru, central Bengaluru's MG Road and areas such as Marathahalli, Whitefield, Sarjapur and Hebbagodi.

IAF said no aircraft of training command was flying in the area. "However, ASTE (Aircraft and Systems Testing Establishment) and HAL (Hindustan Aeronautics Limited) could have been undertaking their routine test flying, which necessitates going supersonic at times. These are done well beyond the city limits in specified sectors. However, considering the atmospheric conditions and reduced noise levels in the city during these times, the aircraft sound may become clearly audible even if it happened way out from the city," said the air force statement.

Many people had speculated that the sound could have been caused by a fighter jet such as a Mirage 2000.

"We have also asked the Air Force Control Room to check if it was a jet or supersonic sound. Bengaluru police are awaiting confirmation from the Air Force," Bengaluru police commissioner Bhaskar Rao said in a statement.

It was not an earthquake, Karnataka's state disaster monitoring centre had tweeted earlier.

"Earthquake activity will not be restricted to one area and will be widespread. We have checked our sensors and there is no earthquake activity recorded today," the Karnataka State Natural Disaster Monitoring Centre said, quoting its director Srinivas Reddy.

"The activity reported in Bengaluru is not due to an earthquake. The seismometers did not capture any ground vibration as generally happens during a mild Tremor. The activity is purely a loud unknown noise," the agency tweeted.

#Bangalore and #BangaloreBoom was among the top trends on Twitter this afternoon.

"We are trying to ascertain the source of the noise," a senior police officer said. "In Whitefield area, we have searched on the ground and so far, there is no damage to any property," he added. There were no calls to the police control room reporting any damage.

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News Network
January 31,2020

Mangaluru, Jan 31: Mahesh Vikram Hegde, the co-founder of website 'Postcard News', known for spreading fake news on behalf of Sangh Parivar, was taken aback when he was asked to sing 'Vande Mataram' to prove his patriotism by a group of women activists at Mangaluru International Airport.

The video of the incident which occurred on Friday, days after editor-in-chief and co-founder of Republic TV Arnab Goswami was heckled by comedian Kunal Kamra on a flight, went viral on social media within hours.

Hegde was spotted by social activist Kavitha Reddy, and other young orators – Najma Nazeer and Amulya Leona – at the airport where he was waiting to board a plane to Bengaluru.

In a video, the three women are seen coercing Hegde to sing 'Vande Mataram' and prove his patriotism. In another video being circulated, the women are heard telling the journalist that he is getting an opportunity to become a 'hero' from 'zero' if he sings 'Vande Mataram.' However, he refused to open his mouth.

Reddy is seen asking Hegde whether he knew the time when Nathuram Godse assassinated Mahatma Gandhi.

Hegde was arrested in 2018 for posting a fake news aimed at creating communal conflict.

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News Network
July 1,2020

Bengaluru, Jul 1: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Wednesday said that the state Chief Minister BS Yediyurappa should apologise to the nation for the Ballari incident.

"It is shocking to see the Ballari incident. The way the dead bodies of the corona victims have been treated is very unfortunate. The entire country witnessed it. I request the Chief Minister BS Yediyurappa to apologise to the nation. India is known for its values and traditions," Shivakumar told reporters here.

Earlier, Shivakumar had posted a video which allegedly showed officials 'inhumanly' dumping bodies of those patients who die of COVID into a pit in Ballari, the district administration confirmed it and said that the entire field team involved in the incident has been disbanded.

"It's disturbing to see bodies of COVID patients who have died being dumped inhumanly into a pit in Ballari. Is this civility? This is a reflection of how the government has handled this Corona crisis. I urge the govt to take immediate action and ensure that this doesn't happen again," Shivakumar's tweet, which also had a video of the incident embedded, read.

The Deputy Commissioner, Ballari issued a press note which stated that it had conducted an enquiry after the video surfaced and it was found that the video belonged to the district and "comprises of burial of eight people who passed away after succumbing to COVID-19."

Although, according to the DC, all protocols and SOPs were followed by the team during the burial process, however, the "disrespectful handling of the bodies while being lowered on to the ground by the field staff" led to the entire field team involved being disbanded and will be replaced by a new team trained by the HOD, Forensic, VIMS.

The district administration also issued an unconditional apology to the families of the deceased and to others who were hurt by the incident.

Meanwhile, Chief Minister BS Yediyurappa also termed the behaviour of the staff "very inhuman and very painful" and urged the staff to tread cautiously with humanity in handling the funeral of those affected by the disease, and added, "Let's walk with humanity, and realize that there is no greater religion than humanity." 

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