HC quashes criminal proceedings against woman booked for attempt to suicide

The Kerala High Court has allowed a petition by a woman to quash the case booked against her for attempting to commit suicide.

Justice C.S. Sudha on Tuesday allowed the petition by giving a retrospective effect to the provisions of the Mental Health Act, 2017, and quashed the final report filed at the Judicial First Class Magistrate Court-8, Ernakulam.

The prosecution argued that the alleged incident took place on May 10, 2016, before the MHA came into being and the petitioner cannot avail herself of the benefit of Section 115 of the Act which decriminalised the suicide attempt. The Act provides for mental health care and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during the delivery of mental healthcare and services. It recognised that persons with mental illness constitute a vulnerable section of society and are subjected to discrimination in society. Persons with mental illness are to be treated like other persons with health problems and the environment around them is to be made conducive to facilitate recovery or rehabilitation and full participation in society. The legislation was enacted to protect and promote the rights of persons with mental illness and to ensure healthcare treatment and rehabilitation of persons with mental illness, the court noted.

The benefits of the Act shall be extended to the entire class of persons for whose benefit it was enacted. Any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished. The prosecution must prove that the person, who attempted to commit suicide, was not under any stress when the attempt was made. The prosecution has no such case in the case of the woman, the court noted.

The court felt disturbed to note that the State, which has the obligation to provide care, treatment and rehabilitation to a person who attempted to commit suicide under severe stress, decided to prosecute the woman for reasons best known to it.

Published - October 22, 2024 09:13 pm IST