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
February 24,2020

Bengaluru/Kodagu, Feb 24: Three days after the sloganeering by 19-year-old college student Amulya Leona Norohna at an anti-CAA rally and her subsequent arrest on charges of sedition kicked up a storm, Karnataka minister BC Patil on Sunday advocated central legislation that enables authorities “to shoot at sight” those chanting pro-Pakistan slogans.

Responding to reporters’ queries on the ongoing fracas over the chants, Patil said he would appeal to Prime Minister Narendra Modi to bring in a law so that anti-national elements are “killed on the spot”.

“The Centre must promulgate a law that enables authorities to shoot those who do anything that is seen as anti-national and chant pro-Pakistan slogans,” Patil said. “These elements must be killed on the spot. I am appealing to the PM, through the media now, to bring in such a law. I will also write to the PM.”

In Kodagu, Union minister for chemicals and fertilizer, DV Sadananda Gowda, echoed state home minister home minister Basavaraj Bommai’s line that stringent action will be taken against those indulging in anti-national activity, saying there will be “no mercy” for those taking a pro-Pakistan stance.

“The Union government will assist in the police investigation in Amulya,” he said. Gowda went on to claim that many anti-national organizations have been using CAA protests for political gain.

“We will curb such incidents forever. We will not allow such incidents to happen in future. Organisers of such rallies should be thoroughly questioned,” Gowda said.

Bommai on Saturday had also claimed the government will initiate action against educational institutions and hostels it they fail to act against students indulging in such activity.

“The government will discuss ways to prevent such incidents in colleges and hostels. We will instruct heads of educational institutions and hostel wardens to initiate action against such students. If they fail, the government will take action against them,” Bommai said, without defining what constitutes anti-national activity.

However, despite Congress saying there is no room for anti-national activity and stringent action must be taken against those indulging in such activity, former minister and senior functionary DK Shivakumar suggested he found nothing in Amulya’s background to suggest she is anti-national.

“Let me make it absolutely clear that the Congress party will not support any person or persons who hail another country and bring shame to India,” Shivakumar said. “However, I have seen the girl’s [Amulya’s] previous posts on social media and read her statements on various forums. She has been making statements on an ideological ground. Let us not jump the gun, but investigate exactly what she meant to say.”

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News Network
January 24,2020

Bengaluru, Jan 24: On the last day of his four-day trip to Davos, Switzerland, to attend the World Economic Forum, chief minister BS Yediyurappa urged the global business community to invest in cities other than Bengaluru in the state.

On Thursday, while extending an invitation to entrepreneurs to participate in the Global Investors Meet in November in Bengaluru, Yediyurappa highlighted the “conducive investment climate” in the state vis-a-vis others by pointing to its 7% growth rate which is much higher than the national average of below 5%.

He also pointed to the state’s rich history and the fact that it is home to a number of desi MNCs such as Infosys, Biocon Wipro and Dynamatics. “At the same time, the state has one of the lowest unemployment rates compared to the national average,” Yediyurappa said.

In his address to heads of businesses, industries minister Jagadish Shettar also urged investors to consider Tier 2 and 3 cities for investment. “Land banks have been created in Tier 2 and 3 cities and regional connectivity has improved. Let us strive to place Karnataka on a highgrowth path,” Shettar said.

Lending a “helping hand”, Union minister Piyush Goyal, in his address, appealed to the community to invest in Karnataka, which “has a robust and congenial industrial atmosphere”, but also urged them to spread “tentacles” to all parts of the country.

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coastaldigest.com news network
July 1,2020

Bengaluru, Jul 1: Eighteen private hospitals here have been slapped with a show-cause notice after a 52-year old patient with influenza-like illness symptoms died here on being allegedly denied admission by them citing "non- availability" of beds. 

Health Minister B Sriramulu on Wednesdy said refusal to provide treatment was not only inhuman but also illegal as he tagged a copy of the notice in a tweet. 

"Notice has been served to the hospitals taking cognisance of the (media) reports about the denial of admission to a patient in emergency. Denying medical assistance during emergency is not only inhuman but also illegal," he tweeted. According to a report, the son and nephew of the patient took him to the 18 hospitals on Saturday and Sunday but he was not admitted on the pretext of non-availability of beds or ventilators. 

The man died later. The Commissioner of Health and Family Welfare issued the show-cause notice to the top authorities of the hospitals under the Karnataka Private Medical Establishment (KPME) Act, 2007. 

"By denying admission to the patient, your hospitals have violated the provisions of the KPME Act. You are liable for legal action," the notice said, seeking replies within 24 hours as to why action should not be against the hospitals. 

This was a "clear violation" of providing medical assistance and admission necessitated under the agreed provision of the KPME registration. Private medical establishments cannot refuse or avoid treatment to patients suffering from COVID-19 or having symptoms, the common notice added. 

The incident comes in the backdop of repeated instructions by the government that hospitals cannot deny admission to the patients suffering from coronavirus or having symptoms.

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