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Bar and Bench Profile picture
@barandbench
Sep 11, 2020 • 11 tweets • 4 min read • Read on X
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.

#SupremeCourt Image
Section 115 of the Mental Healthcare Act, 2017 effectively decriminalised attempt to commit suicide under Section 309 of IPC.

#SupremeCourt
CJI SA Bobde: How can you while legislating the Mental Healthcare Act virtually nullify provisions of IPC?

#SupremeCourt
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

#SupremeCourt
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.

#SupremeCourt
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.

#SupremeCourt
#MentalHealthcareAct
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.

#SupremeCourt
Mental Healthcare Act: Supreme Court seeks explanation from Centre on validity of provision decriminalising attempt to commit suicide

barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
May 29
Delhi High Court to hear the defamation suit filed by Asian News International (ANI) against YouTuber Mohak Mangal over a video accusing ANI of extortion and blackmail after copyright strikes. Image
Comedian Kunal Kamra and AltNews co-founder Mohammed Zubair are also added as defendants for sharing the video on their X handles.
ANI is seeking takedown of the video, no further trademark infringement and damages of Rs. 2 crores, 10 lakhs.
Read 84 tweets
Bar and Bench Profile picture
May 23
Ceremonial bench proceedings underway to mark the last working day of Justice Abhay S Oka

AG R Venkataramani: All of us got equal treatment in your court. I have cherished the questioning moments. By working so tirelessly you have set bad standards for your law clerks as some even forgot to go home..Image
SG Tushar Mehta: Despite such an irreparable loss you treated duty as a judge first. You could have addressed virtually also. This shows duty. Please spare more time for family. You have often been much more prepared than lawyers. Your lordships services are required and please do not close any door
.
SG: you may not believe in God, but i believe, May God be always on your side. Me and ASG Raju were almost always at the wrong side of the judgment ..but our love and respect for you was never affected. We respect your for who you are.
Read 32 tweets
Bar and Bench Profile picture
May 21
Delhi High Court to shortly hear a defamation suit filed by Newslaundry Executive Editor Manisha Pande and eight other women journalists against Abhijit Iyer-Mitra for referring to them as ‘prostitutes’ and their workplace as a ‘brothel.’ Image
Advocate Bani Dixit appears for Newslaundry journalists. She says "Plaintiffs are journalists from all walks of life. These are defamatory articles outside the bounds of criticism. These are all working women."
Court: What does the defendant do ?

Dixit: The kind of things he has said I cannot read it out also.

She reads out the allegedly defamatory portions
Read 14 tweets
Bar and Bench Profile picture
May 21
[Arrest of Ashoka University Professor]

Supreme Court to shortly hear a petition challenging the arrest of Ali Khan Mahmudabad, an associate professor at Ashoka University, Sonipat, over certain remarks on Operation Sindoor

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndiaImage
Senior Advocate Kapil Sibal to argue for Mahmudabad

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia
@AshokaUniv Sr Adv Sibal: Please see page 46 which has the statement on the basis of which criminal culpability is attributed

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia
Read 21 tweets
Bar and Bench Profile picture
May 20
[Waqf Hearing in Supreme Court]

Supreme Court bench led by CJI B.R. Gavai would hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, for the limited purpose of interim relief

#SupremeCourt #WaqfAct Image
The bench will consider whether interim relief of stay is required on three issues - waqf by user, nomination of non-Muslims to the Wakf Council and State Waqf Boards and identification of government land under waqf #WaqfAct
The Central government had earlier told the Supreme Court that certain key provisions of the controversial Waqf (Amendment) Act, 2025, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being.
Read 36 tweets
Bar and Bench Profile picture
May 16
Supreme Court hears a plea stating Rohingya refugees were thrown into the sea

Justice Surya Kant: Everytime you have a new story. Now how is this beautifully crafted coming from

Sr Adv Colin Gonsalves: this is the 38 persons deported and then they were taken to Andamans and then were put in the sea with life jackets

Justice Kant: who was clicking the videos and photos? How did he come back ? What is the material on record ? We did not see anything at night.Image
Justice Kant: when the country is going through such a tough time you bring up these fanciful petitions.

Gonsalves: Then there was call made from Myanmar

SC: We know how these calls are made of Jharkhand etc and numbers of Myanmar, Dubai etc are shown

Gonsalves: Govt can probe. One of the deported called from Myanmar.
Justice Kant: Where is this corresponding averment in the submission regarding this annexure. Show us that.
Read 11 tweets

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