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 4,2020

New Delhi, Apr 4: The Supreme Court on Friday urged Karnataka and Kerala to amicably resolve their issues concerning a border blockade that has choked the free flow of vehicles carrying essential items and patients in the midst of the COVID-19 outbreak.

Karnataka, which imposed the blockade, justified that its border was sealed to “combat the spread of the pandemic by preventing the movement of people from the bordering districts of Kerala to Karnataka”.

The State had moved the Supreme Court, challenging a Kerala High Court order on April 1 to open the border. Kerala has countered that patients from the State cannot be denied access to health care. Besides, the blockade has severely affected the supply of essential items, from medicines to food, to Kerala.

On Friday, a Supreme Court Bench of Justices L. Nageswara Rao and Deepak Gupta urged the States to not confront each other in the midst of an unprecedented public health crisis. Instead, it asked the Chief Secretaries of both States to sit with the Union Health Secretary and iron out a solution. Meanwhile, the apex court urged Kerala not to take any precipitative action based on the High Court order.

The court issued notice to Kerala on the appeal filed by Karnataka, represented by advocate Shubhranshu Padhi. It listed the case for further hearing on April 7.

Karnataka, in its appeal against the High Court order, said the blockade was put in place in the interest of public health. The situation regarding Coronavirus was “really dire”, it said. It warned that opening the blockade would cause a law and order issue as its local population wanted the border to remain sealed.

Karnataka argued that Kerala was the “worst-affected” State in the country with nearly 194 coronavirus cases. In this, Kasaragod, adjoining Karnataka, was the “worst affected” district of Kerala with over a 100 positive cases.

MP’s plea

The court also separately considered a writ petition by Kasaragod MP Rajmohan Unnithan for an order to forthwith open the State border.

The parliamentarian, represented by advocates Haris Beeran and Pallavi Pratap, urged the court to issue an ex-parte stay on the operation of the blockade imposed by Karnataka with its border States.

Mr. Unnithan said Karnataka’s blockade was “ill-planned and dangerous” and had led to loss of lives. Two patients from Kerala, in need of urgent medical care, died after their ambulances were denied entry at the border by the Karnataka authorities. 

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News Network
July 6,2020

Bengaluru, Jul 6: As COVID-19 cases continue to surge in Karnataka, more than 20 police stations were sealed in Bengaluru after many policemen tested positive for novel coronavirus.

"Since the last few weeks, the number of COVID-19 cases in the police department has increased as many of the policemen have tested positive, so that's the reason why the police have taken a decision to close police stations," Bengaluru Commissioner of police Bhaskar Rao said.

He added, "However, people can lodge their complaints and other issues can be solved in help desks launched outside premises of the police station. Most of the areas where positive cases found in the police station are been sealed down for the safety of the people and sanitised them."

However, some of the police stations would be functional from outside the premises.

Commercial Street, Cottonpete, Chickepete, KG Halli traffic police station are among the few stations closed due to scare of the coronavirus spread after some policemen tested positive in particular stations.

Rao further said that the traffic police, civil police along with home guards have been given safety gloves, face masks, and sanitizers along with face covers by the department of police.

According to the Union Health Ministry, 23,474 COVID-19 cases have been reported in the state, as of Monday.

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News Network
July 13,2020

Bengaluru, July 13: Chief Minister B S Yediyurappa on Monday made it clear that the government had no plans to extend the lockdown in Bengaluru Urban and Bengaluru Rural districts beyond July 22.  The two districts will enter a lockdown starting 8 pm on July 14. 

“There is no proposal before the government to extend the lockdown in Bengaluru Urban and Rural districts. The chief minister requests citizens not to panic and cooperate with the government without paying heed to rumours,” the Chief Minister’s Office (CMO) said. 

“The lockdown is being imposed to control the rising number of Covid-19 cases in these districts. The CM has instructed officials to make all arrangements in a week’s time and make ready whatever is necessary,” the CMO said. 

The clarification came after Yediyurappa chaired a meeting of the Covid-19 task force meeting. Yediyurappa also held a video conference with officials from all districts to review the Covid-19 situation, rainfall and irrigation measures. 

Two more districts - Dakshina Kannada and Dharwad - have decided to impose a lockdown to control the spread of Covid-19 following Yediyurappa’s video conference. Starting July 15, Dakshina Kannada will be under a lockdown for a week whereas it will be a 9-day lockdown in Dharwad. 

During his video conference, Yediyurappa noted that the number of cases was on the rise in Bengaluru, Dakshina Kannada, Dharwad, Ballari, Udupi and Kalaburagi. 

He further noted that Covid-19 fatalities were going up in Bidar, Dharwad, Gadag and Mysuru. He asked authorities to bring this under control. “Bidar is among five districts nationally when it comes to deaths. This has to be controlled,” Yediyurappa said, seeking a report by experts on this. 

Yediyurappa told authorities to prioritize rapid antigen tests. “One lakh test kits have been procured. Use them wisely in emergency cases,” the CM said. He ordered that those aged above 60 years, those with serious illnesses and showing symptoms of influenza-like illness (ILI) have to be identified and subjected to Covid-19 tests.  

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