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.

Normal 0 false false false EN-US X-NONE X-NONE

/* Style Definitions */
table.MsoNormalTable
{mso-style-name:"Table Normal";
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:"";
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin-top:0in;
mso-para-margin-right:0in;
mso-para-margin-bottom:10.0pt;
mso-para-margin-left:0in;
line-height:115%;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:"Calibri","sans-serif";
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:"Times New Roman";
mso-bidi-theme-font:minor-bidi;}

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Dr Parinitha
January 17,2020

We came on foot, we came on boats, shouting slogans of Azadi.

We stood on roof tops and sat on walls under the burning midday sun,

Listening to the words that we had longed to hear for so long.

Words that had been scripted through the lonely fears of our hearts.

Words that were spoken now with the clarity of courage.

Words that were spoken now with the suppressed strength of pent up anger.

Words that were spoken now with the certainty of belonging to the soil 

Which had become one with the dust of our ancestors.

We stood there in the waves of heat

Feeling the surge and press  of countless bodies around us.

Bodies meshed through the odour of sweat 

And the shared fear of a common persecution.

And hanging from the roof tops,

And tied to the poles,

And clutched in hands slippery with sweat,

And wrapped round the pillars,

And spreading into our blood,

Were three strips of colour with a wheel of spokes,

Sewn together into the shape of our being.

Woven into the folds of our future and the creases of our past. 

Stitched to the seams of the earth, the water, the air and the sky 

That belonged to us and to which we belonged. 

And we stood there from noon to evening,

We the people of India.

Raising our clenched fists like signposts to the future.

Chanting slogans like a new anthem.

Kin to each other through the ties of community.

Born to live and die 

In a nation that was ours to hold on to

And ours to belong to.

Dr Parinitha is a professor of English in Mangalore University. She penned the poem soon after participating in the historic protest against CAA, NPR and NRC at Shah Garden, Adyar, Mangaluru on 15th January, 2020.

Also Read: 

‘The more you try to divide us, the stronger and united we’ll be’: Record turnout in Mangaluru’s anti-NRC protest

Anti-NRC protest in Mangaluru brings ‘media bias’ to the fore

Comments

Abdullah
 - 
Wednesday, 29 Jan 2020

Salute to you siter for your meaningful poem.  This is reality.  However, the enmy is blind/deaf/dumb.   May God give right way of thinking to enmy and in case he is unlucky, let God finish him and let him beg for death.  

Indian
 - 
Thursday, 23 Jan 2020

Waav..What a Heart Touching poetry...

 

Hats off to you ma'am....

 

Love from all Indians...

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 14,2020

New Delhi, May 14: The National Investigation Agency (NIA) probing the Al-Hind Islamic State (IS) Bengaluru module case has announced a cash reward of Rs three lakh for wanted absconder Abdul Mateen Taahaa.

An NIA spokesperson in Delhi said, "We have declared a cash reward of Rs three lakh for providing any information leading to arrest of Taahaa." The spokesperson said that Taahaa, 26, a resident of Shimoga in Karnataka is wanted in Al-Hind ISIS Bengaluru module case that the agency registered this year. The NIA had taken over the probe from the Karnataka Police.

According to the NIA officials, the case relates to ISIS-linked terror group formed by arrested accused Mehboob Pasha, along with accused Khaja Moideen aka Jalal and his associates involved in the murder of a Hindu leader in Tamil Nadu. The official said that Pasha conducted several meetings in 2019 at his residence in Bengaluru to hatch the conspiracy, by radicalising and recruiting other co-accused to carry out terror activities and join ISIS in Afghanistan or Syria.

The NIA has arrested 12 accused namely Pasha, Imran aka Imran Khan, Mohammed Haneef Khan, Mohammed Mansoor Ali Khan, Saleem Khan aka Kolar Saleem, Hussain Sharieff, Ejaz Pasha aka Azaz Pasha, Zabiulla, Syed Azmathulla, Syed Fasiur Rehman, Mohammed Zaid and Sadiq Basha.

The official said that Taahaa is a friend of arrested accused Saleem and Zaid, through whom he contacted arrested accused Pasha of Al-Hind Trust and was also associated with his online foreign handler.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 12,2020

New Delhi, Feb 12: Buoyed by the Aam Aadmi Party's stellar performance in the Delhi Assembly elections, the Maharashtra unit of the party has decided to fight all forthcoming local elections, including the Mumbai elections.

The AAP’s Bengaluru unit will also contest the municipal corporation polls likely to take place in August or September.

AAP National Executive Member Preeti Sharma Menon said the party will try to “replicate the Delhi model of pragmatism, performance, and people centric policies”.

“We are sure that Maharashtra will shower us with the same faith and love as Delhi has done so,” she said.

The party has decided to field candidates in all the 198 wards of the Bruhat Bengaluru Mahanagara Palike (BBMP).

"We have been planning to contest the BBMP election when we received a major shot in the arm. The Delhi victory happened because of the good work, which we want to replicate here," AAP's co-convener in Karnataka and party's BBMP campaign in charge Shanthala Damle told PTI on Tuesday.

Born out of an anti-corruption movement, the AAP led by Delhi chief minister Arvind Kejriwal registered the second landslide victory by winning 63 out of 70 seats in the Delhi Assembly elections.

According to Damle, AAP in Bengaluru was working in full swing to make its presence felt in the city. "The party has already done its ground workin terms of election campaign and reaching out to the people in Bengaluru," she added.

According to her, the party has already opened around 10 offices and about 50 people have been announced as the assembly president or ward president.

Last month, the party launched a 40-minute movie called 'Hosa Bengaluru' (New Bengaluru) and conducted 50 shows already.

"It shows the Delhi model and explains what can be done in Bengaluru. So that is part of our vision," the AAP leader said.

In its next level of the campaign, AAP intends to conduct 'Jana Samvada' (Dialogue with people) in every street and in every ward.

The preparedness of the party can be gauged from the fact that it has identified many of its candidates for the BBMP elections.

The party has never tasted success in Karnataka anywhere but the Delhi's success story has kindled a new hope as many people would now be waiting to join the AAP, Damle said. The AAP cadres in Bengaluru burst into celebration soon after it became clear that the party was going to script history by forming government for the third consecutive time since its inception.

Sporting their signature caps, party workers lit crackers, danced on the Delhi election song 'Lage Raho Kejriwal'.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.