A landmark bill in health care decriminalizing suicide received parliamentary approval on Monday. As per the Mental Healthcare Bill 2016 suicide or attempting suicide is no longer a crime as the person who attempts suicide is presumed to be under severe stress and so shall not be punished.
Indian Penal Code Section 309 lays down the punishment for attempted suicide. The new legislation reads, “Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.”
Health Minister J P Nadda in the Lok Sabha described the bill as a “patient-centric” and acknowledged that this bill has received highest number of ammendments all of which have been accepted. The bill which was passed by a voice vote in Lok Sabha, was moved in the Rajya Sabha moved in August 2016.
This health care bill guarantees every person a right to access mental health care. It assures free treatment for mentally-ill persons if they are homeless or poor, even if they do not have a Below Poverty Line card.
It also provides mentally ill people a right to confidentiality with respect to mental health, mental healthcare, treatment and physical healthcare. Pictures or any other information pertaining to the person cannot be released to the media without the consent from person with mental illness.
The legislation additionally provides that a individual with mental illness will have the right to make an advance directive in writing indicating the way the he/she wishes to be treated for a mental illness.
TDP MP Ravindra Babu termed it as “finest legislation” in last three years. TRS MP K Vishweshwar Reddy (TRS) said while the earlier laws on mental health were “regulation centric”, the new bill is “patient-centric”. He also said the bill should have provisions for taking care of property of the patients suffering from mental health as “cruel relatives” may exploit them under this pretext.
