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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
Mar 23
Scenes from the Delhi High Court after the declaration of Delhi High Court Bar Association (DHCBA) election results. Senior Advocate N Hariharan has been elected as the President of DHCBA.
Senior Advocate N Hariharan secured 2,967 votes and won by a margin of 87 votes. Senior Advocate Kirti Uppal came second with 2,880 votes.

The other two candidates - Senior Advocate Abhijat garnered 1,429 votes and Senior Advocate Vivek Sood garnered 339 votes.
Senior Advocate N Hariharan after winning the elections. Image
Read 7 tweets
Bar and Bench Profile picture
Mar 19
#Breaking Bombay High Court has overturned a Family Court decision that denied the request to waive the statutory cooling-off period for the divorce of cricketer Yuzvendra Chahal and Dhanashree Verma under the Hindu Marriage Act.
#BombayHC #YuzvendraChahal Image
A bench of Justice Madhav Jamdar has also directed the family court to decide the divorce petition by tomorrow considering Chahal's participation in the upcoming IPL
The couple that got married in December 2020 was living apart since June 2022.
Read 7 tweets
Bar and Bench Profile picture
Mar 3
[Can visually impaired become judges ? ]

#SupremeCourt to shortly deliver judgment on this significant issue

The court to hand down verdict in the suo motu case concerning visually impaired in judicial services Image
The genesis of the case lies in the rules governing judicial appointments in Madhya Pradesh which contained discriminatory language that prevented blind individuals from becoming judges.

This exclusion was challenged after a mother, whose visually impaired child aspired to the judiciary, wrote to the court, leading to a court-initiated public interest litigation.
Justice R Mahadevan: we have treated it as the most important case. We have touched upon constitutional framework also and institutional disability jurisprudence...
Read 6 tweets
Bar and Bench Profile picture
Mar 3
#SupremeCourt to shortly hear plea by Ranveer Allahabadia and Ashish Chanchlani in the case over remarks made in #indiasgotlatent show

Allahabadia and Chanchlani were protected from arrest in the last hearing
@BeerBicepsGuy Image
Dr Abhinav Chandrachud: We have moved an application. We are seeking lifting of one part of the order which refrained him from airing his shows etc. He has no sense of humour at all.. but he has 280 employees and it is his livelihood. It can be ordered that let no profane words be uttered.
SG: this is an isolated case. It is not vulgar but it is perverse. I saw the show also out of curiosity.. humour is one thing, vulgarity is one thing, and perversity is another level. Leave alone man and woman.. me and AG cannot see it together. The judges cannot see it together. Let him stay quiet for sometime .. Assam called him. He did not come.
Read 19 tweets
Bar and Bench Profile picture
Feb 18
Supreme Court to hear plea by Ranveer Allahabadia challenging multiple FIRs filed against him after he made certain remarks on India's Got Latent show
@BeerBicepsGuy #SupremeCourt #Indiasgotlatent Image
Dr Abhinav Chandrachud: Petitioner has got death threats.. 5 lakh reward for cutting his tongue. Former wrestler says he should not be spared in any party we meet him. All for a 10 second clip.
Are you defending the language used: Justice Surya Kant

Dr Chandrachud: As an officer of the court I am disgusted at the language used.

SC: so what are the parameters of obscenity and vulgarity. In the society which has some self evolved values and when we behave within those parameters we want to know what are the parameters of Indian society According to the petitioner.
Read 17 tweets
Bar and Bench Profile picture
Feb 11
Supreme Court hears the plea by Association of Democratic Reforms

CJI Sanjiv Khanna: what is this for ?

Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or notImage
CJI: Once votes are counted the paper trails are taken out or it's still there

Bhushan: they should maintain the paper trail

Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.

CJI: to be done within seven days.. and the machine could be as per candidate choice and the burnt memory could be checked and verified.
Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!
Read 10 tweets

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