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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May 21,2020

Bengaluru, May 21: Chief Minister B S Yediyurappa today slammed Law Minister JC Madhuswamy for yelling at a woman farmer in Kolar, an incident that attracted widespread criticism. 

The incident happened on Wednesday when Madhuswamy, who is also the minor irrigation minister, was inspecting the Koramangala-Challaghatta (KC) Valley project, under which Bengaluru’s sewage is treated and pumped into lakes in Kolar. 

During his visit, farmer Nalini Gowda questioned Madhuswamy on the encroachment of the 1,022-acre S Agrahara lake. At one point, Madhuswamy lost his cool and yelled, “Aye! Shut your mouth, rascal,” and asked the police to take her away. Before this, Madhuswamy told her, “Make a request. I’m a very bad man. You can only air your grievance. Don’t command us.” 

A video of this exchange was aired by news channels. 

“What (Madhuswamy) said is not right. I have warned him. None can forgive such an explicit manner of talking with a woman. That, too, behaving like that being a minister doesn’t bode well. I will talk to that woman also and I’ll ensure this doesn’t happen again,” Yediyurappa told reporters.

The incident has come as a shot in the arm to the Opposition Congress, which is already attacking the Yediyurappa administration on the COVID-19 crisis. Condemning Madhuswamy’s behaviour, Leader of the Opposition Siddaramaiah demanded an apology and asked Yediyurappa to sack him from the Cabinet. 

Karnataka Pradesh Congress Committee (KPCC) president D K Shivakumar said it was unbecoming of Madhuswamy to behave like that being a senior minister. “People will ask us questions and express their problems, naturally. What’s important is how we handle ourselves. Be it a woman or anyone, they come to us because we’re into public service. Calling them ‘rascal’ and things is not right. Maybe there was some irritation, but I agree with (Siddaramaiah) that he should be dropped from the Cabinet,” he said.

On his part, Madhuswamy said he felt intimidated. “If I have hurt the feelings of any woman, I will certainly apologise,” he said. “But citizens should realise, we go to their villages to ask about their problems. If they start abusing us publicly, how can we work? My secretary and I heard her for five minutes and then told her that we know our responsibility. We asked her to close the issue. She didn’t stop and I got tempted (sic),” the minister said.

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News Network
May 27,2020

Bengaluru, May 27: Congress leader Siddaramaiah on Wednesday hit out at Chief Minister BS Yediyurappa-led Karnataka government for allegedly "betraying" the people by not fulfilling its Rs 1,610 crore COVID-19 package promise.

Taking a dig at Yediyurappa over the matter, the Congress leader tweeted, "Chief Minister of Karnataka BS Yediyurappa has betrayed people by not fulfilling his Rs 1,610 crore package promise. He seems to be following his @BJP4India leader @PMOIndia @narendramodi."

"Crisis and vulnerability should not be misused for political gains and BJP for India is insensitive towards the same," the former Karnataka Chief Minister said.

On May 6, Yediyurappa had urged migrant workers to stay back as construction activities have resumed and announced a Rs 1,610 crores COVID-19 financial package for the state.

"A package of Rs 1,610 crores will be released as COVID-19 financial relief. One time compensation of Rs 5,000 will be given to 2,30,000 barbers and 7,75,000 drivers," the Chief Minister said.

Referring to media reports, Siddarmiah cornered the state government for asking the licence to release funds for unorganised sector workers.

"How can we expect washermen and other unorganised sector workers to have licence for their work?" he asked.

It looks like Karnataka Chief Minister is very far from reality, he added.

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coastaldigest.com news network
July 15,2020

Mangaluru, Jul 15: Amidst mounting coronavirus cases, the district administration has finalised 80 covid care centres (CCC) in Dakshina Kannada.

Sindhu B Rupesh, deputy commissioner of DK, said that as many as 80 premises that were functioning as quarantine centres have now been identified as CCCs in the district.

People in the district have been demanding that CCCs should be opened for asymptomatic cases in the district too. 

A majority of around 1,500 active cases in Dakshina Kannada are asymptomatic, and the CCCs will help those planning to go to private hospitals to reduce their treatment costs.

Additional deputy commissioner M J Roopa said that the 80 CCCs identified throughout the district will work as care centres for asymptomatic Covid-19 patients.

A medical team will attend to the centres, and supply of food and water will be taken care of by the government. In case of any health issues, the patient will be shifted to the Covid hospital, she said.

“All asymptotic Covid-19 patients, who are unable to opt for home isolation, are being kept in CCCs. A designated health team will monitor each CCC in the district. Meanwhile, the nearest public health centre (PHC) will have an ambulance on standby in case of an emergency,” she added.

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