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Bar and Bench Profile picture
@barandbench
Sep 11, 2020 • 11 tweets • 4 min read • Read on X
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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
Feb 6
Supreme Court takes up suggestions seeking sweeping reforms in SCBA elections, including reservation for members with disabilities, 50% relaxation in eligibility norms, rotational representation for women, and inclusion of gender neutrality and ability inclusion as core objectives of the Bar Association
#SupremeCourt #SCBA #BarReformsImage
CJI Surya Kant: Please give all the suggestions to Adv Pragya Baghel.

CJI to Adv Sneha Kalita: As a woman member, as an AoR and as someone seeking empowerment.

Sr Adv Vijay Hansaria: Suggestion by Ms Kalita on reservation for differently abled is praiseworthy

CJI: yes we will make sure that and we are under an obligation to create the infrastructure for the same.
Adv Kalita: 76 years has passed and we still do not have a woman present of the Supreme Court Bar
. I am stressing on the point of rotational representation

Another woman lawyer: no no that cannot be. It has to be on merit.

CJI: environment created should not look like one is completely dependant for the post. Everytime one cannot depend on reservation
Read 7 tweets
Bar and Bench Profile picture
Feb 4
#THREAD Supreme Court is set to hear today West Bengal CM Mamata Banerjee’s plea raising concerns over the SIR electoral roll revision exercise in the State. @MamataOfficial is scheduled to appear in person. #SupremeCourt #WestBengal
Follow updates here 👇 Image
West Bengal CM Mamata Banerjee has urged the Supreme Court to issue urgent directions in the SIR process, warning that mandatory hearings, document rejections and use of Micro Observers could lead to large scale voter disenfranchisement #SupremeCourt #SIR @MamataOfficial
@MamataOfficial All eyes on the Supreme Court today as a Bench led by CJI Surya Kant, with Justices Joymalya Bagchi and Vipul Pancholi, hears Mamata Banerjee’s plea on the SIR process, with the final electoral roll deadline close at hand. #SupremeCourt #SIR #WestBengal
Read 32 tweets
Bar and Bench Profile picture
Jan 29
Supreme Court to shortly resume hearing its suo motu case on stray dogs.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

#straydogs #SupremeCourt Image
The court is expected to continue reviewing compliance affidavits filed by various states with respect to its 7th November order relating to removal of stray dogs from institutional areas etc.

Yesterday, the Court took a dim view of “vague” affidavits filed by some states.

Read here:

barandbench.com/news/stray-dog…
Amicus Curiae Gaurav Agarwal: Punjab has not submitted any action plan etc.

Counsel for Punjab: there is a budgetary allocation of 11cr. There are 20 dog catching vehicles available. There is a district level committee which we have formed. We have given a full action plan for institutions.

Court: how many dogs have you collected from institutions?

Counsel: for Malerkotla it is 108. I will place as and when information comes.
Read 24 tweets
Bar and Bench Profile picture
Jan 29
Supreme Court to hear petitions challenging the University Grants Commission (UGC)'s recently notified rules intended to prevent caste discrimination in educational institutions #UGC #UGCRegulations #SupremeCourt Image
The rules have been challenged for excluding 'general category' students from complaining under its grievance redressal mechanism #UGC #UGCRegulations
University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 was notified on January 13 and applies to all higher educational institutions in India.

Its objective is to "eradicate discrimination only on the basis of religion, race, gender, place of birth, caste, or disability, particularly against the members of scheduled castes and scheduled tribes, socially and educationally backward classes, economically weaker sections, persons with disabilities, or any of them, and to promote full equity and inclusion amongst the stakeholders in higher education institutions."
Read 21 tweets
Bar and Bench Profile picture
Jan 28
Supreme Court to resume hearing today its suo motu case on stray dogs.

Today, the Court is expected to hear submissions made by the amicus curiae, the NHAI, States and Union Territories.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

#straydogs #SupremeCourt Image
Here’s what happened on the last hearing:

barandbench.com/news/we-were-n…
Hearing begins.
Read 32 tweets
Bar and Bench Profile picture
Jan 24
Chief Justice of India Surya Kant will shortly begin his lecture at the Fali Nariman Memorial.
The lecture is organised by the Bombay Bar Association.

#BombayBarAssociation #CJISuryaKant Image
Chief Justice of Bombay High Court gives the presidential address. Image
Chief Justice of India Surya Kant begins his lecture

#CJISuryaKant #Bombay Image
Read 29 tweets

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