Voicing serious concerns over provisions of the Mental Health Bill, a city court said a blanket presumption in law, that any person who attempts suicide shall be presumed to be suffering from mental illness unless proved otherwise, could be misused.
The court cited the cases of activists who use non-violent means of fast unto death to protest and “so many women”, who take the extreme step as a last resort after facing violence and exploitation. It said what Section 124 Clause 1 of the Mental Health Bill, 2013 seeks to do in effect is to create a blanket presumption in law that any person who attempts to commit suicide shall be presumed to be suffering from mental illness at the time of attempting suicide unless proved otherwise.
“While on one hand the proposed amendment seeks to create a presumption of mental illness in an attempt to decriminalise attempt to commit suicide, whereas on the other hand it does not take care of the mischief it seeks to cause since a person presumed to be suffering from mental illness is deemed under law to be incapable of giving consent, entering into a contract, execute documents, including Wills or dealing with the property etc,” held Additional Sessions Judge Kamini lau.
The court said if the amendment in the Bill is passed by Parliament, “it will take into its fold activists political, social, environmental etc —who like Mahatma Gandhi, Vinoba Bhave, Irom Sharmila, Swami Nigamananda, Anna Hazare and others — undertake non-violent means of protest by sitting on fast unto death for causes which may be termed as noble, unfortunately making them liable to be branded as those suffering from mental illness, unless contrary is proved.