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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
Aug 8
Supreme Court Bar Association holds farewell function for Justice Sudhanshu Dhulia
#SupremeCourt #SCBA Image
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Aug 8
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Bar and Bench Profile picture
Aug 8
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Bar and Bench Profile picture
Aug 8
Supreme Court reconsiders case where it had passed adverse remarks against sitting Allahabad High Court Judge Prashant Kumar.

Bench: Justices JB Pardiwala and R Mahadevan Image
The Court had said Justice Kumar shouldn’t be allowed to deal with criminal cases till he demits office for encouraging criminal proceedings in a matter of civil nature.
Court: we have received an undated letter from the CJI requesting us to reconsider the directions passed in our earlier order. In such circumstances we direct the registry to re notify the matter. By our order dated 4.8.25 we set aside the impugned order and remanded the matter for fresh hearing in the HC.
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Bar and Bench Profile picture
Aug 7
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The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela is hearing the matter.
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Bar and Bench Profile picture
Aug 7
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Advocate Adit Pujari appearing for Devangana Kalita - The arguments on charge are going on. The law in India today is that: prior to arguments on charge, you should get a list of unrelied upon documents and you should be allowed to inspect it.
Pujari- The learned judge has refused to give me the list of unrelied upon documents and has refused to allow me to inspect. There is a video which shows that I was not involved in violence.
Read 11 tweets

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