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
March 2,2020

Bengaluru, Mar 2: Killing an Indian porcupine and inviting his TikTok followers to view it proved costly for a 25-year-old man from Kalaburagi. Forest department officials tracked him down and arrested him on Sunday morning.

Manjunath Biryalhissa, a resident of Jewargi taluk, was famous for his various TikTok videos and for lifting heavy stones in his village and neighbouring areas.

According to forest officials, on Friday, Manjunath and his friends caught a porcupine in Sindagi range, Vijayapura and stoned it to death. Later, they fried and cooked it. Manjunath then made an 18-second video, where he spoke about the porcupine hunt and slaughter, besides inviting his followers to like the video and join him in the feast.

The video was on TikTok and Facebook. Wildlife activists who found the video alerted forest department officials.

“Porcupine comes under schedule four of the Wildlife Protection Act, 1972. Keeping this video as evidence we were able to trace him through his Facebook account, where he had shared details of his hometown,” said forest officials.

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News Network
April 24,2020

Bengaluru, Apr 24: Karnataka Chief Minister BS Yediyurappa on Thursday held a meeting with state officials to address the situation in the wake of COVID-19 pandemic.

Due to COVID-19, the prices of the crops have come down. It was instructed to buy those vegetables and keep them in cold storage and then sell. It was also instructed to export fruits, vegetables which cannot be kept for a long time to other states and countries.

Wherever there is a scarcity of drinking water, it was decided to supply water immediately.
Chief Minister Yediyurappa had earlier spoken to Union Minister Sadananda Gowda and took information regarding fertilisers.

As fertilisers' demand is less in the international market, the Union minister for fertilisers said that farmers will be given fertilisers at less than the actual price.

As some of the associations/guilds have violated the lease conditions by not starting the actual work which they have got the land for in Bengaluru, they have been instructed to return the land to the government where the lease conditions have been violated.

As far as the irrigation department is concerned, much water is stored in dams. It was decided to utilise the same for the cultivation of crops and for the purpose of drinking.

As far as the education department is concerned, it was instructed to give online training to students.

With the help of state television channel Doordarshan, it has been decided to teach students about the syllabus and other activities till the reopening of school.

The KSRTC has lost hundreds of crore due to the reduction in bus services due to COVID-19. So, they were instructed to use buses to transport goods to generate revenue.

The government also decided that salary for the doctors, who are working on a contract basis against COVID-19, will be increased significantly.

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News Network
February 5,2020

Bengaluru, Feb 5: Karnataka Home Minister Basavaraj Bommai on Tuesday said that he has demanded a report on the Shaheen School incident after reports emerged that children were allegedly interrogated by the police for hours at a stretch, while not allowing parents to be present.

Terming the incident a very sensitive matter as it involves children, Basavaraj Bommai said, "I have asked for a report on the Shaheen School incident. As it is a very sensitive and serious issue, I have asked the police to handle it carefully."

"I have asked the police to take the help of the women and child protection committee at the district level. However, I have been told that the police had visited the area where the play was done and no interrogation of children in isolation took place. Nevertheless, I have asked the police to handle the issue with care and do everything within the law," Basavaraj added.

The matter pertains to a programme organised as a part of the Republic day celebrations where the children in Shaheen School in Bidar had staged a play against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

The Akhil Bharatiya Vidyarthi Parishad (ABVP) had protested alleging that the play at Shaheen School in Bidar was derogatory. In the play, the participants were shown staging an anti-CAA sequence where there were dialogues encouraging non-cooperation with anyone asking for documents. A case was registered against the school management.

Meanwhile, CEO of Shaheen Education Institute, Bidar, Tauseef Madikeri had said, "Police have invoked Sections 124A, 505 and 504 of the IPC against the institution, over a play staged against CAA and NRC. It is beyond anyone's imagination. Deputy SP visited the classroom and interrogated the students."

Karnataka police had sealed the offices of the school after its students participated in the play. Meanwhile, the police had questioned students of Shaheen School after a play against the CAA and NRC was staged during the Republic Day celebrations.

The child rights groups, teachers and educationists had issued a statement condemning the police interrogation in the incident.

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