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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Suresh Kumar Sahoo – Appellant
Versus
Union of India – Respondent
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 su
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.
The main legal point established in the judgment is that the concerned authorities' measures towards the implementation of the Mental Healthcare Act, 2017 in educational institutions were deemed suff....
The Mental Healthcare Act, 2017 can be applied retrospectively, providing protections for individuals attempting suicide under severe stress, thus overriding previous criminal liabilities.
The Mental Healthcare Act presumes severe stress in suicide attempts, barring prosecution under IPC unless proven otherwise.
Attempt to commit suicide – Person who tried to commit suicide, enjoys statutory presumption about mental stress and having regard to such presumption, he has been excluded from putting on trial.
The Mental Healthcare Act, 2017, creates a presumption of severe stress for suicide attempts, exempting individuals from prosecution under IPC Section 309.
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