Calcutta High Court (Appellete Side)
Suresh Kumar Sahoo vs Union Of India & Ors on 20 June, 2024
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
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21 20.06.2024 WPA(P) 196 of 2024
AN Ct. No. 01
RP
Suresh Kumar Sahoo
vs.
Union of India & Ors.
Mr. Satadal Chatterjee
... for the petitioner
Mr. Kishore Dutta, ld. A.G.
Mr. Anirban Ray, ld. G.P.
Mr. Sk. Md. Galib,
Mr. Debraj Sahu
... for the State
1. We have heard learned counsel for the
respective parties at length.
2. The petitioner, Mr. Suresh Kumar Sahoo is a
practicing advocate before this Court and he is in no way
connected with any political party or political activity, a
peace loving citizen of India and devoted to social work as
his avocation.
3. By this writ petition, filed as a Public Interest
Litigation, the petitioner has flagged a very important issue
qua the implementation of the provisions of Mental Health
Care Act, 2017 (for short, the Act). According to the
petitioner, the said Act has come into force for the purpose
of preservation of mental well-being and wholesomeness of
every human being and in the Act, there are specific
provisions under Sections 94 and 115 for prevention of
suicide and cure of anxiety, stress, depression causing
suicide. It is further stated that during 2020, the
Government of India adopted National Suicide Prevention
Strategy and the grievance of the petitioner is that till date
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there is no effective implementation of the said provision of
prevention of suicide in rehabilitation centres in the State of
West Bengal. The petitioner laments that there is an
increasing rate of suicide, particularly, among the young
generation aged about 20 and 30 specifically related to
matrimonial, academic and career related issues. In this
background, the petitioner seeks for implementation of
Sections 94 and 115.
4. The Mental Health Care Act, 2017 was
enacted to mental health care and services for persons with
mental illness and to protect, promote and fulfill the rights
of such persons during delivery of mental health care and
services and for matters connected therewith or incidental
thereto.
5. The petitioner seeks for implementation of
Sections 94 and 115. Section 94 deals with emergency
treatment. Sub-section 1 of Section 94 starts with a non-
obstante clause stating that notwithstanding anything
contained in the Act any medical treatment including
treatment for mental illness may be provided by a registered
medical practitioner to a person with mental illness either at
a Health Establishment or in the Community, subject to the
informed concerned consent of the nominated
representative, where the nominated representative is
available and where it is immediately necessary to prevent
(a) death or irreversible harm to the health of the person or
(b) person inflicting serious harm to himself or other or
(c) the person causing serious damage to property belong to
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himself or other where such behaviour is believed to flow
directly from the person's mental illness.
6. There are other safeguards which have been
provided under Sections 2 to 4 while implementing the
procedure under Section 94 of the said Act. Section 115
has two sub-sections. Sub-section 1 starts with non-
obstante clause stating that notwithstanding anything
contained in Section 309 of the Indian Penal Code any
person who attempts to commit suicide shall be presumed
unless proved otherwise, to have severe stress and shall not
be tried and punished under the same Code. Sub-section 2
of Section 115 states that the appropriate Government shall
have a duty to provide care, treatment and rehabilitation to
a person having severe stress and who attempted to commit
suicide, to reduce the risk of recurrence of attempt to
commit suicide.
7. The petitioner before approaching this Court
by way of this writ petition has submitted to the authorities
of the Central Government as well as the State Government
by a representation dated 19.02.2024. The petitioner has
emphasized that Section 115 imposes a duty on appropriate
Government to provide care, treatment and rehabilitation to
a person having severe stress who attempted to have
committed suicide in order to reduce the risk of recurrence
of attempting to commit suicide.
8. Therefore, it is submitted that the unique
feature of this Section 115 is how to prevent suicide and
save human life before it is destroyed, which was not found
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in other earlier legislations. Further, the petitioner
highlights Section 94 of the Act lays down detailed
procedure about how to rehabilitate a person with severe
mental stress and anxiety and depression including self-
harm and injury to others. The petitioner further points out
that the Government of India, Ministry of Health and Family
Welfare on 05.08.2021 with a view to implement Section
115 of the Act has adopted the National Suicide Prevention
Strategy which is a complete guide to every stakeholder like
the Government of India, State Governments as well as local
Bodies, Police Stations for setting up targets,
implementations, monitoring, taking correct measures
towards the goal of Mental Health Care Act, 2017.
9. It is submitted that the mental sanctity,
quality of life emanate under Article 21 of the Constitution
of India because the right to life does not mean mere animal
existence but a life with its wholesomeness. Thus, it is
contended that the prevention of suicides, maintaining
quality of life and promotion of mental health and well being
directly emanate from Article 21 of the Constitution of India.
The petitioner in the representation has pointed out various
recent incidents where suicides had taken place. With the
aforementioned facts and submissions, the petitioner seeks
for immediate build up of the infrastructure and release of
adequate funds to implement the mandate under Section 94
read with Section 115 of the said Act read with National
Suicide Prevention Strategy. The petitioner also seeks for
conduct of psychological assessment tests and provides
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rehabilitation facilities to young age people undergoing
matrimonial disputes and suffering from stress, anxiety and
depression in order to prevent suicide. The petitioner has
elaborately referred to the various provisions of the Act and
has also taken us through the various recommendations
and guidelines specified in National Suicide Prevention
Strategy. Learned counsel representing the State submitted
the report of the Additional DHS (Admin.), Directorate of
Health Services, Swastha Bhawan, Government of West
Bengal which is reproduced hereunder:
"In terms of section 115(2) of the
Mental Health Care Act 2017, the
Government of West Bengal is providing
care, treatment and rehabilitation to all
persons having severe stress through 5
State Run Mental Hospitals, 14 District
Hospitals, 24 Medical Colleges & Hospitals,
9 stand alone Super Specialty Hospitals
and 28 number of District Mental Health
Programme. On an average 1619837
number of patients (in FY.2023-24)
suffering from mental illness attended
OPDs of the aforesaid hospitals out of
which approximately 3% were having
severe stress. The aforesaid hospitals
provided medicines and counseling services
to all of them.
In addition to that since 10 th October,
2022 Government of West Bengal has
started Tele Mental health programme
through toll free number 14416 and
counseled 50644 number of persons out of
which reportedly 5% were having serious
stress.
Perhaps, out of aforesaid persons
some of them would have committed suicide
if the action as mentioned above had not
taken in time.
However, 58 numbers of mentally ill
persons called in odd hours with suicidal
ideation through Tele Mental Health
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programme which runs 24X7 and our
counselors had taken appropriate measures
to prevent suicide.
In addition to that 59960 (in FY 2023-
24) number of Teachers, Professors and
persons were sensitized so that they can
suspect students or office colleagues who
are having severe stress and may attempt
to commit suicide.
Further the Department of H&FW,
Government of West Bengal had organized
Gatekeeper training among the medical
students so that suicide attempts among
them can be reduced."
10. From the above report it appears that there
are several Hospitals in the State level, District level,
Medical College Hospitals, Super-Speciality Hospitals apart
from District mental health programmes which are stated to
be conducted. It is submitted that the Government of West
Bengal has also provided Toll Free Number as well as
Counseling Number where people can discuss their
problems and get themselves relieved from serious stress.
The report also states about how many teachers, professors
and persons were sensitized so that they will be in a
position to assist the students who are having severe stress
and may attempt suicide. The Government of West Bengal
is stated to have organized gate keeper training among
medical students so that suicide attempts among them can
be reduced. Thus, it appears that sufficient steps have
been taken by the Government of West Bengal with regard
to providing care, treatment and rehabilitation to persons
having severe stress who may have a tendency to commit
suicide.
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11. At this stage, we take note of certain
provisions which are enumerated in Chapter VI of the Act
under the heading "Duties of Appropriate Government".
Section 29 deals with promotion of mental health and
preventive programmes which is required to be done by the
appropriate government and in this case, the Government of
West Bengal. Section 30 deals with creating awareness of
mental health and illness and reducing stigma associated
with mental illness. Section 31 mandates the appropriate
government to take measures as regards human resource
development training etc. and Section 32 coordination
within appropriate government between the services
provided by concerned Ministries and Departments such as
those dealing with Health, Law, Human Resources, Home
Affairs, Social Justice, Employment, Education, Women and
Child Development, Medical education to address issues of
mental health care. Thus, in our view, that the Government
of West Bengal shall take note of the duties which have
been enumerated in Chapter VI of the Act and a time has
come where the promotion of mental health and preventive
programmes and creation of awareness and development of
human resources and coordination within the various
Departments of the Government can be stepped up so that
the desired result can be achieved.
12. The National Suicide Prevention Strategy
was published by the Ministry of Health and Family
Welfare, Government of India. In the said report, while
acknowledging the good work done by the Technical
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Committee, the report recognizes the work done by
Dr. Lakshmi Vijaya Kumar, SNEHA, Chennai who developed
the first draft document which was delivered extensively at
the Technical Committee Meeting and inputs were extended
by other members. The members of the Technical
Committee as could be seen from their qualification and the
Departments to which they are attached are all experts in
their fields. There are various important aspects which
have been highlighted in the guidelines wherein it is noted
that certain States shares a disproportionately large burden
of suicides in India and one such State is West Bengal.
There is also mention of ongoing suicide prevention
initiatives. The W.H.O. Guidelines on suicide prevention,
reference has been made to the mandate under Section 115
of the said Act and various other issues which appears to be
highly technical and it is for the experts to deliberate on the
same.
13. Learned counsel appearing for the petitioner
draws our attention to the Press information given by the
Ministry of Health and Family Welfare, Government of India
dated 04.02.2022 by which a sum of Rs. 83.2 lacs per
District per year has been allotted for mental health. It is
not clear as to whether this allocation has been extended to
the Institutions in the State of West Bengal. Be that as it
may, this can be done on the aspect, more particularly,
bearing in mind the mandate under Section 115 of the said
Act. The Court can take judicial notice of the fact that one
Organisation which functions for prevention of suicide is
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SNEHA, Chennai founded by Dr. Lakshmi Vijaya Kumar
and in the English News Paper and regional news papers
published in Southern States whenever there is a news
about a suicide, the Helpline Number and an information
about SNEHA is mentioned. If this exercise is made to be
done in all the news papers which are published in the
State of West Bengal by giving the Toll Free Numbers both
for counseling and whenever there is a news of suicide, this
may have a desired result since the persons who are under
stress will have an opportunity to call to the Toll Free
Number and get the counseling of the experts who have
been nominated under the mental health programme which
is stated to be a programme which runs 24x7.
14. In the light of the above, we are of the view
that the authorities of the Government of West Bengal viz.
the Secretary, Department of Health and Family Welfare,
the 4th respondent herein shall consider the petitioner's
representation dated 19.02.2024 and shall consider the averments made therein and take appropriate action in accordance with law bearing in mind the avowed object of the Mental Health Care Act, 2017 read with purpose and purport of the National Suicide Prevention Strategy published by the Ministry of Health and Family Welfare, Government of India. This direction shall be complied with within a period of six months from the date of receipt of the server copy of this order. In order to facilitate the compliance of this direction, the petitioner is directed to submit a copy of the representation alongwith the copy of 10 this order alongwith all the requisite annexures to the Office of the 4th respondent, as mentioned hereinabove, to facilitate within a period of three weeks from the date of receipt of the server copy of this order.
15. In the result, the writ petition stands disposed of.
(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)