Decriminalising suicide bid: Bill tabled in LS

Aditi Tandon

Tribune News Service

New Delhi, March 24

The Lok Sabha today hailed decriminalisation of attempted suicide by mentally ill as mandated by the Mental Healthcare Bill, which the House took up for discussions today. Congress’ Shashi Tharoor led the discussion on the Bill which is expected to be passed by the Lower House on Monday.

The Rajya Sabha had passed the historic law on August 9 last year. Introducing the Bill, Health Minister JP Nadda spoke of its landmark features, including bar on the use of electro convulsive therapy (ECT) among children and restrictions on electric shocks as a mode of treatment among adults.

The Bill acknowledges that attempted suicide, a criminal offence under the IPC, by mentally ill is triggered by his physical condition and not otherwise and must therefore be de-criminalised. When passed, the Mental Healthcare Bill will exclude the sick persons from the ambit of IPC, creating immunity for them.

“The Bill also places restrictions on psychosurgery and says it can be resorted to only in extreme circumstances. In the 1987 Act, there was no restriction on psychosurgery, making patients vulnerable,” the minister said.

The Bill will replace the archaic 1987 Bill which adopted a welfare-based approach to treatment of the mentally ill and did not even define what constituted illness. The new Bill now provides for a range of rights for the mentally ill making their inhuman treatment a crime.

The Bill defines what constitutes cruelty to the sick, said Nadda. Tonsuring and forced shaving of heads, forcing inmates to wear uniforms are among prohibited practices.

The Bill also allows everyone to write a will stating how they would like to be treated in case they contract a mental illness in future. Called “Advanced Directive”, this will can specify the way a person wishes to be treated and cared for in case of mental illness; the way a person does not wish to be treated during illness and the order of precedence in which he wants to name his nominated representatives, who will protect his interests in case of a prospective illness.