IMPORTANT POINT
The court established that the Mental Health Care Act, 2017 mandates the government to provide mental health care and prevent suicides, emphasizing the importance of effective implementation.

JUDGMENT :

1. We have heard learned counsel for the respective parties at length.

2. The petitioner, Mr. Suresh Kumar Sahoo is a practicing advocate before this Court and he is in no way connected with any political party or political activity, a peace loving citizen of India and devoted to social work as his avocation.

3. By this writ petition, filed as a Public Interest Litigation, the petitioner has flagged a very important issue qua the implementation of the provisions of Mental Health Care Act, 2017 (for short, the Act). According to the petitioner, the said Act has come into force for the purpose of preservation of mental well-being and wholesomeness of every human being and in the Act, there are specific provisions under Sections 94 and 115 for prevention of suicide and cure of anxiety, stress, depression causing suicide. It is further stated that during 2020, the Government of India adopted National Suicide Prevention Strategy and the grievance of the petitioner is that till date there is no effective implementation of the said provision of prevention of suicide in rehabilitation centres in the State of West Bengal. The petitioner laments that there is an increasing rate of suicide, particularly, among the young generation aged about 20 and 30 specifically related to matrimonial, academic and career related issues. In this background, the petitioner seeks for implementation of Sections 94 and 115.

4. The Mental Health Care Act, 2017 was enacted to mental health care and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental health care and services and for matters connected therewith or incidental thereto.

5. The petitioner seeks for implementation of Sections 94 and 115. Section 94 deals with emergency treatment. Sub-section 1 of Section 94 starts with a non-obstante clause stating that notwithstanding anything contained in the Act any medical treatment including treatment for mental illness may be provided by a registered medical practitioner to a person with mental illness either at a Health Establishment or in the Community, subject to the informed concerned consent of the nominated representative, where the nominated representative is available and where it is immediately necessary to prevent (a) death or irreversible harm to the health of the person or (b) person inflicting serious harm to himself or other or (c) the person causing serious damage to property belong to himself or other where such behaviour is believed to flow directly from the person’s mental illness.

6. There are other safeguards which have been provided under Sections 2 to 4 while implementing the procedure under Section 94 of the said Act. Section 115 has two sub-sections. Sub-section 1 starts with non-obstante clause stating that 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 same Code. Sub-section 2 of Section 115 states that the appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

7. The petitioner before approaching this Court by way of this writ petition has submitted to the authorities of the Central Government as well as the State Government by a representation dated 19.02.2024. The petitioner has emphasized that Section 115 imposes a duty on appropriate Government to provide care, treatment and rehabilitation to a person having severe stress who attempted to have committed suicide in order to reduce the risk of recurrence of attempting to commit suicide.

8. Therefore, it is submitted that the unique feature of this Section 115 is how to prevent suicide and save human life before it is destroyed, which was not found in other earli