Parl passes bill that decriminalises suicide attempt by mentally ill people

March 27, 2017

New Delhi, Mar 27: Parliament today passed a bill that seeks to decriminalise suicide attempt by mentally ill people and provides for the right to better healthcare for people suffering from mental illness.

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'The Mental Healthcare Bill' also has a provision to protect and restore the property right of the mentally ill people, Health Minister J P Nadda said in the Lok Sabha, just before it was passed by the House by a voice vote.

All the amendments moved by the opposition members were defeated. The Rajya Sabha had passed it in August last year with 134 official amendments. The bill provides for decriminalising suicide attempt by mentally ill persons by making it non-punishable under the Indian Penal Code.

It also focusses on community-based treatment and provides for special treatment for women. The bill seeks to ensure health-care, treatment and rehabilitation of persons with mental illness "in a manner that does not intrude on their rights and dignity."

While replying to a debate on the bill, Nadda described it as a "patient-centric" measure and said there was a need to empower the patients so that they could secure proper treatment.

The legislation has been brought after wider consultations with the stakeholders, he said.

"There were consultations at the regional level, as well at the Centre. After consultations with the stakeholders the bill was sent to the Standing Committee and post amendments it came to Rajya Sabha."

Most of the suggestions of the Standing Committee were accepted by the government, the Health Minister said. Around 29 members participated in the discussion and almost all of them extended support to the bill.

Stating that the 1987 Mental Act was institutionalised, the minister said that in the present bill, instead of the institution, the focus was on the community. The bill is a "progressive legislation" and intends to take care of everyone in case of any exigency, he said.

Describing the bill as "historic", the Health Minister said with the support of all, "we can develop the mental health services." There was a need to take care of the health and hygiene of the patients, he said, adding the right of a child with his/her mother will also be maintained.

Sterlisation would not be conducted on a person who is mentally ill, Nadda said, describing it as "an insane and inhuman act." If the need arises, he said, NIMHANS (National Institute of Mental Health & Neuro Sciences) would be extended.

Responding to concerns expressed by some members over the safety of doctors in the wake of assault on a medico in Maharashtra recently by relatives of a patient, the Health Minister said instructions have been sent to the states that security of doctors should be ensured.

With regard to the issue raised by Congress MP Shashi Tharoor on the inclusion of "role model", the Health Minister said there was no need to include it in the bill. However, he said, the government will definitely look at it at its own level. Earlier, members cutting across the political spectrum supported the Metal Health Care Bill.

NCP's Supriya Sule said the Standing Committee has "walked an extra mile" to incorporate the suggestions of all stake holders. BJD's Bhartruhari Mahtab said this legislation is the only bill which received 124 amendments and almost all have been accepted by the governmnt.

Highlighting the shortage of medics and paremedics, BJP member Heena Gavit said there are only 4500 doctors specialised in mental health when the requirement was 12,500 and 3000 nurses per one lakh patients having mental disorders.

She rued that the country does not have any Phd seat for research in mental health. She said there should be a proper mechanism to take consent of patients for their treatment and they should not be treated as an "experimental animals." Sule wanted to know what would happen to the child after he/she turns the prescribed age.

Mahtab, along with Gavit and Sule, noted that the budget for the mental healthcare is abysmally low. Sule also demanded inclusion of drug addiction and alcholism into the category of mental disease.

Supporting the legislation, Ravindra Babu (TDP) said, this was one of the "finest legislation" in last three years, but it mostly focuses on schirzophrenia. K Vishweshwar Reddy (TRS) said while the earlier laws on mental health were "regulation centric", the new bill is "patient-centric".

Referring to Nobel prize winning mathematician John Nash, a patient of schizophrenia, who made fundamental contributions to game theory, Reddy said, at least he had support of his family. The movie 'A Beautiful Mind' was based on his character.

"Although he had severe disabilities, he also had other capabilities," he said.
The TRS MP said the bill should have taken care of property of patients suffering from mental health as "cruel relatives" may exploit them under this pretext. Supporting the legislation, Ratna Dey (TMC) demanded stringent punishment for doctors who falsify mental health cases.

P K Sreemathi Teacher (CPM) said the government should ensure that a mentally ill patient, after treatment, is accepted by the society and the people. Besides, she said, free treatment for such kind of patient should be allowed.

Bansi Lal Mahto (BJP) suggested that ayurvedic clinic should be equipped to treat mentally ill people as this traditional method has precription for treatment of such diseases.

Jai Prakash Narain Yadav (RJD) there is a need to specify rehabilitation policy since the bill is silent about the exact modalties. The government should look at providing conducive environment for mentally ill people after the treatment and suitable employment opportunity should be ensured.

Dushyant Chautala (INLD) said the level of stress is rising in the society and it is necessary to provide medical attention to the people suffering from mental disorder and depression.

He said that just like AIDS patients are give insurance cover, insurance cover with low premium should be provided to people with mental disorder as well. N K Premachandran (RSP) said 5-6 per cent of people have mental problem and of them, 1-2 per cent have severe mental disorder.

He lauded the move to decriminalise attempt to suicide as a "progressive" move and said the government should also define 'severe stress' in the Mental Health bill.

Others who participated in the debate included Idris Ali (TMC), Renuka Butta (YSRC), Janardan Mishra (BJP), Badruddin Ajmal (AIUDF) and Kaushlendra Kumar (JDU), Kaushalendra Kumar (JDU), Ashwini Kumar Choubey (BJP) and Asaduddin Owaisi (AIMIM).

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News Network
April 9,2024

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The Delhi High Court rejected Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) and remand order passed by the trial court in connection with the excise policy case. The court delivered the verdict in the excise policy case on Tuesday.

In its order, the high court said the petition challenged the arrest and said it was in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). "The court clarifies that the plea is not for bail but for declaring the arrest illegal," Bar and Bench reported while citing the court order.

The high court said the material collected by the ED “reveals Arvind Kejriwal conspired and was actively involved in use and concealment of proceeds of crime." 

“The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP," the order said.

Kejriwal had earlier questioned the timing of the arrest that came just ahead of the Lok Sabha Elections 2024.  Reacting to this, the court said, “Petitioner has been arrested in money laundering case and court has to examine his arrest and remand as per law irrespective of timing of elections."

Reacting to Kejriwal's argument casting doubt on the statements of “approvers" in the excise policy case, the court said the statements of “Raghav Magunta and Sarath Reddy are approver statements which were recorded under the PMLA as well as Section 164 CrPC".

“To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the court and judge," the order added. “The law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner (Kejriwal)," it added.

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April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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April 17,2024

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New Delhi: Searches conducted by the Enforcement Directorate (ED) under the anti-money laundering law rose by 86 times while arrests and attachment of assets jumped by around 25 times in the ten years since 2014 compared to the preceding nine-year period, according to official data.

An analysis of the data by PTI for the last ten years, between April 2014 and March 2024, against the nine years from July 2005 to March 2014 presents a picture of the federal agency's "intensified" action under various sections of the Prevention of Money Laundering Act (PMLA).

The PMLA was enacted in 2002 and implemented from July 1, 2005, to check serious crimes of tax evasion, generation of black money and money laundering.

While the opposition parties have alleged that the ED's action during the last decade was part of the BJP-led central government's "oppressive" tactics against its rivals and others, the Union government and the ruling party have asserted that the agency is independent and its investigations were purely based on merit and under the mandate to act against the corrupt.

The ED booked as many as 5,155 PMLA cases during the last ten years as compared to a total of 1,797 complaints or Enforcement Case Information Reports (ECIRs or FIRs) filed during the preceding period (2005-14), a jump of about three times, the data said.

The data shows that the agency also got its first conviction starting the 2014 fiscal and it has, till now, got 63 persons punished under the anti-money laundering law.

The ED conducted 7,264 searches or raids in money laundering cases across the country during the 2014-2024 period as compared to just 84 in the preceding period - a jump of 86 times.

It also arrested a total of 755 people during the last decade and attached assets worth Rs 1,21,618 crore as compared to 29 arrests and Rs 5,086.43 crore worth of attachments respectively during the last compared period, the data stated.

The arrests are 26 times more, while figures related to the attachment of properties are 24 times higher.

The agency issued 1,971 provisional attachment orders for various types of immovable and movable assets during the last decade as compared to 311 such orders taken out in the preceding comparable period.

It got about 84 per cent of the attachment orders confirmed from the Adjudicating Authority of the PMLA during 2014-24 as compared to 68 per cent confirmations from the same authority during the last compared period.

The filing of charge sheets also saw a jump of 12 times in the last decade with 1,281 prosecution complaints filed by it before courts as against 102 during the preceding period.

The data said the ED secured conviction orders in 36 cases from various courts leading to the prosecution of 63 persons and a total of 73 charge sheets were disposed of during the last decade.

No conviction was obtained by the agency nor any charge sheet was disposed of under the anti-money laundering law during the 2005-14 period, according to the statistics.

The agency also got the court's permission to confiscate assets (attached as proceeds of crime under the PMLA) worth Rs 15,710.96 crore and it also restituted properties (including bank funds) of Rs 16,404.19 crore (out of the total amount under confiscation) during the last decade.

As there were no convictions during the preceding nine-year period, no confiscation of assets and resultant restitution could take place, as per the data.

The ED is also empowered to seize cash under the PMLA and the data said the agency froze more than Rs 2,310 crore worth of Indian and foreign currency during the last ten years as compared to a figure of Rs 43 lakh during the preceding period.

The agency also got notified a total of 24 Interpol red notices for apprehension of various accused who left India and hid in foreign shores and sent 43 extradition requests during 2014-24.

No such action was taken by the agency during the preceding period.

Four persons were extradited to India during the last ten-year time period while similar orders were secured against businessmen Vijay Mallya, Nirav Modi and Sanjay Bhandari. The three are based in the UK and the ED is trying to bring them back to the country as all the accused are contesting the orders issued against them.

"These statistics reflect the intensive drive that the ED has undertaken to check money laundering crimes," an agency official said.

The ED investigates financial crimes under two criminal laws -- the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA) -- apart from the civil provisions of the Foreign Exchange Management Act (FEMA).

The FEOA was enacted by the Narendra Modi government in 2018 to cripple those who are charged with high-value economic frauds and abscond from the country to evade the law.

The ED, as per the data, filed a total of 19 such applications before the designated special PMLA courts in the country following which 12 persons have been declared fugitive economic offenders.

It also confiscated assets worth Rs 906 crore under the said law by the end of the last fiscal on March 31.

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