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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April 13,2020

Mangaluru: The Karnataka-Kerala border closure at Talapady amidst nationwide Covid-19 lockdown has not only prevented the movement of vehicles and people from Kasaragod to Mangaluru but also stopped the supply of life-saving drugs from Karnataka’s medical hub to its bordering district.

Hundreds of people from Kasaragod and Kannur districts who were treated in hospitals of Mangaluru for past several years are still dependent on some of the medicines that are available only in Mangaluru. Such medicines have become inaccessible for Keralites following the border closure. Every day, a number of people from Kerala call their acquaintances in Mangaluru to see if there is a way to get medicine.

In fact, Karnataka government has blocked all 23 roads that connect the state with Kerala. The reason given was, Kasaragod is the hotbed of coronavirus and allowing traffic even in emergency cases might lead to spread of Covid-19 in border districts of Dakshina Kannada, Kodagu and Mysuru. The attitude has resulted in the death of around a dozen people in Kasaragod district in last couple of weeks.

Even after the intervention of the Supreme Court a few days ago, the authorities in Karnataka are facing the allegation of being hostile either by blocking the way ahead or turning a deaf ear to the patients reaching their border. 

At this juncture, three Good Samaritans – P K G Anoop Kumar of Canara Engineering College, Mangaluru, Satheesh Shetty of Kasaragod Patla and P Jayaprakash of Ponnangala – have come to the aid of the Malayalee patients who are dependent on medicines from Mangaluru. 

The three activists who are currently staying (in fact stranded amidst lockdown) in Mangaluru, are delivering life-saving medicines to patients in Kerala through Kerala fire servicemen and policemen posted at the Talapady border. 

Anoop Kumar says that took the initiative after a woman, Maria Augustine from Chemberi (Taliparamba) Nellikkutty, contacted him for a medicine. He managed to buy it from a medical store in the port city and handed it over to a Kerala fire serviceman at Talapady border. 

All three are activists of Communist Party of India (Marxist). After moving to Mangaluru, they set up ‘We Donate Charitable Society’ to donate blood. The activists say that they are ready to dispatch medicines from Mangaluru to any person in Kerala. Those Keralites who are in need of medicines from may contact: 888471344 - Anoop, 9895135881 - Jayaprakash

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abdullah
 - 
Sunday, 21 Jun 2020

Salute to you dears.  May God bless you.  HOpe public and Govt will appreciate your sacrifice and support you.

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July 23,2020

Mandya, Jul 23: Upset over contracting Covid 19, a 55-year-old man, ended his life by hanging himself, at the designated Covid hospital, in Mandya, on Wednesday night.

The deceased patient is from Kandegala village, Malvalli taluk, Mandya district. He was ailing from renal problems and was under treatment. 

However, he contracted the virus and tested positive for Covid-19. Upset over this, he ended his life by hanging himself on the window grill, in the hospital bathroom, midnight. The incident came to light when other patients went to the toilet.

His last rites were conducted as per the designated Covid-19 protocol, on Thursday, said District Health Officer Dr H P Manchegowda.

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June 10,2020

Bengaluru, June 10: A court in Bengaluru has ejected the bail plea of Amulya Leona Noronha, a college student who has been accused of sedition for saying “Pakistan Zindabad” at the beginning of a speech during a protest against the Citizenship Amendment Act (CAA) in the city on February 20.

The court claimed that if granted bail, the 19-year-old student of journalism and English at a Bengaluru college “may involve (herself) in similar offence which affects peace at large”.

Rejecting her bail plea, 60th additional city civil and sessions judge Vidyadhar Shirahatti said in his order, “If the petitioner is granted bail, she may abscond. Therefore, the bail petition of the petitioner is liable to be rejected.”

The police had booked Amulya under charges of sedition and promoting enmity between groups, although her friends claimed she was trying to convey a message of universal humanity by chanting zindabad in the name of all nations, including Pakistan and India.

Amulya, known for her oratory, and often invited at protests against the CAA, NRC and NPR, was arrested on the evening of February 20.

Video clips of the speech showed her chanting “Hindustan Zindabad” soon after saying “Pakistan Zindabad” and trying to tell the audience — her microphone had been taken away by then — that all nations are one in the end. She could not complete the speech; the protest was being held at Bengaluru’s Freedom Park.

Amulya’s bail plea was delayed on account of the lockdown, which came into force on March 25 — around the time hearings were due to begin in a lower court. Bengaluru police did not file a chargesheet against the student during the lockdown.

In the course of bail hearings, which began after lockdown restrictions were eased, the public prosecutor argued that Amulya was trying to incite people to create a law and order problem. The prosecutor also argued that she had earlier been accused of causing hatred and disaffection towards religion and the government established by law in India by holding a placard that stated “F##k Hindutva” during a student protest.

The prosecution argued that the student, if released, may commit similar offences since cases were already registered against her.

Defending Amulya, a friend who was part of the February 20 protest said, “Before she could complete what she wanted to say they surrounded her and grabbed the microphone. She was later placed under arrest on charges of sedition. What she was trying to say was, if we love one country it does not mean we should hate another.” Another friend said, “Please see her Facebook post of February 16, around 8 pm. Loving another country does not mean you are going against your own — this is exactly what she was trying to say (at the protest). She is promoting unity among nations…”

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