Supreme Court Bench headed by Chief Justice of India SA Bobde has a discussion with Solicitor General for India Tushar Mehta on the validity of Section 115 of the Mental Healthcare Act of 2017.
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Section 115 of the Mental Healthcare Act, 2017 effectively decriminalised attempt to commit suicide under Section 309 of IPC.
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CJI SA Bobde: How can you while legislating the Mental Healthcare Act virtually nullify provisions of IPC?
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SG Mehta points out that there is a presumption of unsoundness of mind or mental illness that gets attached with a person attempting to commit suicide.
CJI: But it is not necessarily unsoundness of mind always. There were these monks in Vietnam who killed themselves in protest. They were in a complete calm state of mind, there was no unsoundness of mind.
Then there is also the example of Jain persons and Santhara.
Sg Mehta explains to the Court how Santhara is described in the Jain faith and what it entails.
CJI: Nonetheless they are deemed to be under severe stress under this no?
Mehta: f it is treated as an attempt to commit suicide
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CJI: But the attempt is not to commit suicide but to liberate yourself from this miserable world… I know the issue on santhara is pending before this Court.
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Supreme Court issues notice to the Centre to explain the validity of Section 115 of the Mental Healthcare Act and to show cause as to why the Section should not be declared as unconstitutional.
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The discussion was fuelled in a petition which highlighted the trend where people purposely jump in the animal enclosures in Zoos in an attempt to commit suicide. This leads to the confinement of animals affecting them adversely.
On the petition, Senior Advocate ANS Nadkarni has been appointed as the Amicus Curiae.
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Mental Healthcare Act: Supreme Court seeks explanation from Centre on validity of provision decriminalising attempt to commit suicide
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