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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June 30,2020

Mangaluru/Kasaragod, Jun 30: In what appears to be an ego clash between the officers of Karnataka and Kerala, around 150 Mangalureans including 12 pregnant women were evicted from the lodges in Kasaragod in the middle of the night and sent to Mangaluru.

Expressing shock over the incident, Mangaluru MLA U T Khader hit out at the authorities concerned for the lack of concern towards the stranded passengers. “If IAS officers don’t have humanity, what is the use of the IAS tag. Officers in the two states should learn to speak to one another and solve people’s problems,” he said apparently addressing DCs of Kasaragod and Dakshina Kannada. 

The 150 passengers had arrived on Saturday from Dubai in a chartered flight arranged by the Karnataka Cultural Foundation. The flight landed in Kannur after it was denied permission to land in Mangaluru.

But Karnataka’s nodal officer for stranded persons outside India C N Meena Nagaraj, an IAS officer, called up Kerala officials and questioned why the flight was allowed to land in Kannur, Khader said. She reportedly told Kerala officials that the passengers should be quarantined in the cities of arrival and that Karnataka would not take them in.

In the meantime, the Karnataka Cultural Foundation arranged seven buses to take the passengers to Mangaluru. By the time it was conveyed to them that they would not be allowed to enter Mangaluru, the buses had reached Kasaragod district. The representatives of the organisation made frantic calls to several political leaders. Congress leader and district panchayat standing committee chairperson Harshad Vorkady said he got a call for help around 10pm on Saturday. He spoke to owners of three lodges to accommodate them. The lodges were used by the district administration as quarantine centres. 

The lodge owners said they would take the passengers in only if the Kasaragod tahsildar gave permission. “So I called up the tahsildar. He only wanted to know who will pay for the lodging and food. When I told him that the passengers will pay, he gave permission. By midnight, all the passengers were put up in the three lodges,” he said. The police were also at the spot, he said.

According to the Covid protocol, those arriving from abroad should be in institutional quarantine for seven days and in room quarantine for another seven days. But by 4pm on Sunday, the police returned to the lodges and asked the passengers to vacate. They said it was the order of the collector. They produced the order to the lodge owners. The office-bearers of the Karnataka Cultural Foundation said they sought time from the Kasaragod police to arrange rooms in Mangaluru. But Kasaragod police denied it. 

On Sunday, there were Covid deaths in Mangaluru and the Mangaluru deputy commissioner was tied up as residents were objecting to the funeral of one of the victims. “By night, the police started threatening the lodge owners. The members of the Foundation said they would shift the passengers by Monday morning. But the collector would not listen,” said Harshad.

Around 11pm, the Kasaragod district administration brought in four KSRTC buses and sent all the 150 passengers to Mangaluru, he said. By 1am the buses crossed the Thalapdy border and Khader took over from there. But the MLA was livid with how officials treated the people. Collector Sajith Babu in a statement said his enquiry found that the tahsildar did not give permission to accommodate the passengers in Kasaragod lodges.

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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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Agencies
March 12,2020

New Delhi, Mar 12: A PIL was moved in the Delhi High Court on Thursday seeking directions to the Centre to take appropriate steps for stopping religious conversion of socially and economically downtrodden people, particularly of the Scheduled Caste/Scheduled Tribe community.

The plea claims that the government has done nothing to stop religious conversions.

The plea is listed before a bench of Chief Justice D N Patel and Justice C Hari Shankar on Friday.

The petition, by BJP leader and lawyer Ashwini Kumar Upadhyay, alleges that many individuals, NGOs and institutions are converting downtrodden persons by "intimidating, threatening, luring by monetary benefits and by other acts, including miracle healing, black magic and more".

"Many individuals/organizations have started conversions of SC/STs in rural areas and the situation is very alarming. The mass religious conversion of the socially economically downtrodden men, women and children, and, in particular of the scheduled caste and scheduled tribe community, is on the rise in the last 20 years," the petition claims.

It further claims as per the 2011 census, Hindus constitute 79 per cent of the population down from 86 per cent in 2001 and if no action is taken "Hindus will become minority in India".

Upadhyay suggested enacting of a law to prevent conversions by force or deceit and to award jail term for any violation.

"Additionally, the State may empower the National Human Rights Commission to deal with the affairs of religious groups and analyse religious discrimination among them," he suggests.

Apart from seeking steps to prevent religious conversions by force, threats or deceit, the petition also wants directions prohibiting religious gatherings "intended to mislead people by making false and untenable claims" to lure ignorant masses to join a particular faith or religious group.

Comments

fairman
 - 
Thursday, 12 Mar 2020

First of all we should know what is religion and what is its purpose.

Religion should be scientific to acceptance. It should not be blind tale.

Religion is a set of divine commands how to lead the life to be successful here and also it should lead to success if there is a life after the death.

If it can assure, we should not worry to accept. Such religion can not be more than 1.  Because we all believe 1 Supreme God who has the control over every creature. If we understand and accept it, then we should accept 1 and only religion which is the real religion.

You can not force anybody to accept 2+2=5.

If religion can prove its doctrine to be not contradicting the science then no worry to accept it.

There should be open debate of all religions then the truth will come in black and white clearly.

Leave the panel to decide which is the right one. Once proved, brave people will accept it without fear.

No need any law. If you have good product why do you worry to sell it.

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