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
April 9,2020

Bengaluru, Apr 9: A special task force--set up by the government of Karnataka--submitted a report to the Chief Minister of Karnataka BS Yediyurappa, putting forward recommendations suggesting minimisation of restrictions in districts where there is nil or minimum cases, here on Wednesday.

The committee said: "COVID-19 and non-COVID-19 patients should be segregated and online health services should be encouraged. Restrictions should be minimised in districts where there is nil or minimum cases of COVID-19 and lockdown should be continued in hotspot areas with quarantine measures strictly being implemented."

With regards to the testing of likely patient, the committee informed that rapid test kits would help to quarantine more likely patient. "The rapid test kits will arrive in April 12. These kits will boost our facility and would help us in quarantining the more people."

On the subject of lifting transportation ban, the committee suggested that the transport of goods and services must continue but with regards to passenger carriers, they are suspended till April 30.

"Goods and Transportation should be allowed, but passenger carriers should be banned until further orders. No buses, trains nor flights will be plying till April 30. No metro trains and auto-rickshaws should be allowed and an odd-even system transport system should be implemented," the committee added.

The committee also suggested that all industries, IT, BT and Garments should be made to work on 50 per cent strength. Garments workers should be allowed to stitch PPEs, which are in more demand. And for construction workers, the committee suggested that they should be allowed to work at sites at 50 per cent strength.

They suggested that educational institutions remain closed till May 30 and online classes must be encouraged.

Dr. Devi Shetty heads the Taskforce and Dr. C. N. Majunath, Dr. Nagaraj, Dr. Ravi and Sudharshan were also the part of the committee.

According to the Ministry of health and family welfare, 181 cases have been reported in the state so far. A total of 5,734 positive cases have been reported of which, 166 are dead and 473 are cured/discharged and migrated.

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News Network
February 25,2020

Belagavi, Feb 25: Left Parties will launch countrywide door-to-door campaign from March 1 to 23 against Citizenship (Amendment) Act (CAA), National Population Register (NPR), National Register of Citizens (NRC), Communist Party of India (M) General Secretary Sitaram Yechury said on Tuesday.

Addressing a press conference here, he said that CPI (M) and other Left parties were participating in the awareness programme that will conclude on March 23, on the martyrdom day of Bhagat Singh, Chandrashekar and Rajguru.

"Till now 13 states have expressed their opposition for NRC and will not implement it, which means more than fifty per cent of country will not have it," he added.

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News Network
April 28,2020

Bengaluru, Apr 28: With fresh guidelines on the COVID-19 lockdown expected soon, Karnataka Chief Minister B S Yediyurappa on Monday chaired a meeting with key ministers, officials and Deputy Commissioners of districts and discussed about re-starting economic activities in the state, as he took stock about of the pandemic.

"At the video conference with DCs, CM took stock of COVID-19 situation and measures taken to control its spread. Discussions also happened regarding starting of certain economic activities in parts of the state," official sources said. The state government would take any decision in this regard after the Centre issues fresh guidelines or directives, they said, without elaborating.

The meeting came hours after Prime Minister Narendra Modi held a video conferencing with Chief Ministers to discuss the situation arising due to COVID-19 in the country, which is under lockdown since March 25 to contain the pandemic. Only nine chief ministers spoke in the virtual meeting with the Prime Minister and Yediyurappa did not get an opportunity.

A senior Minister, who attended the meeting told PTI, necessary directions regarding the lockdown after May 3, they were likely to come in a couple of days.

"Most of the Chief Ministers wanted the lockdown to continue to contain the spread.... nothing concrete emerged, but we expect the necessary directions will follow in couple of days. This is what we expect after seeing what has happened as a followup to three to four such video conferences in the past," he said.

The Minister said the larger opinion was that the current measures should continue and interstate or inter-district movement should not be allowed. Regarding movement within the districts that are green zone, some decision may be taken soon, he said, adding the Prime Minister also asked states to concentrate on reforms, aimed at attracting investments in the days to come.

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