'Activate Anti-Suicide Helpline Within 3 Weeks', HP HC Issues Notice In Plea Seeking Effective Steps To Prevent The Increasing Number Of Suicide Cases During Lockdown [Read Order]

A division bench of Justices Sureshwar Thakur and Justice Chander Bhusan Barowalia issued the direction while hearing the plea filed by a Law student, Tushar Singh, who referred to a spike in the number of suicides in the state and sought directions to the state government to set up the Suicide Prevention Helpline Number.

The court also directed for publication of the said helpline number in all English and Hindi newspapers through advertisement and through official communication platforms so that the helpline number is communicated to all persons concerned.

The background of the PIL

The petitioner, through his plea, submitted before the court that there has been rise in number of suicides in the State of Himachal Pradesh especially in the year 2020 where the entire nation is facing COVID-19 pandemic and it seemed that the government failed to take effective steps to prevent the same.

In the petition, it was submitted before the court that because of COVID-19 and the unemployment generated thereby, "a lot of people are undergoing depression or other sought of mental illness which is leading to suicides a day in and day out and young people who are the most cherished assets of the nation are losing their life untimely."

In this context, the Law student in his plea had prayed before the High Court to direct the State Government to set up Suicide Prevention Helpline Number and for this purpose, he had suggested that NGOs may be associated for efficiently running the same 24x7.

Further, it was also urged that proper and efficient staff having adequate knowledge may be posted and if required they may be supported by the psychiatric and psychologist and other ancillary staff.

Also, it was submitted by the petitioner that taking lead from the fact that the legislature has enacted The Mental Healthcare Act, 2017 and Right of Persons with Disabilities Act, 2016 whereby the intention of the legislature is to promote awareness and health amongst the mentally ill person and the person with disabilities which the respondent State has failed to do so, the petitioner in the larger public interest was filing the present writ petition.

In this context, the petitioner, in the larger public interest prayed before the High Court that the respondent State may kindly be directed to implement The Mental Healthcare Act, 2017 and provisions thereof as well as The Right of Persons with Disabilities Act, 2016 and its provisions so that the duties which are enshrined under Part-IV of the Constitution of India (DPSP) Article 38 (State to Secure a Social Order for Promotion of The Welfare of the People) is achieved.

Stressing upon the need to take Section 29 of the Mental Healthcare Act, 2017 seriously, the petitioner also highlighted the fact that the aforesaid Section deals with the duties of the appropriate government.

The petition stats that Section 29 specifically envisages the promotion of mental health and preventive programs and the provision casts a duty upon the Government to plan, design, and implement programs for the promotion of mental health and prevention of mental illness to reduce suicides and attempted suicides in the country.

The petition further argues that if the provisions of the Mental Health Act are implemented in letter and spirit then the number of suicides could be curbed.

In this context, the court ordered the government to respond to the petition within six weeks. The matter has now been posted for hearing on October 15.

Significantly, the Himachal Pradesh High Court had expressed concern over the issue of decriminalization of attempt to commit suicide by the mentally stressed persons (In November 2019).

Notably, the High Court had directed to recommend the Government of India to take up the matter at the appropriate level, so that appropriate steps, if so advised, are taken on this significant issue.

It may be noted that recently the Delhi High Court had issued a notice in a plea seeking adequate testing and other facilities for homeless persons who are suffering from various forms of mental illnesses.

The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan had issued notice to the Delhi Government, Union of India, and the Institute of Human Behaviour and Allied Sciences (IHAB).

Earlier, a plea was filed in the Delhi High Court seeking setting up of counselling centers in Delhi to address the psychological/mental health issues arising out of lockdown and COVID19. 

Filed by Advocate Sunil Kumar, the petition sought a direction to be issued to the Delhi Government to set up counseling centers and helpline numbers to provide psychological counseling to people who are facing mental health issues due to lockdown.

Significantly, the Supreme Court in the month of June had issued notice to the Centre and the Insurance Regulatory Development Authority of India (IRDAI) in a plea seeking for directions with respect to the violation of Section 21(4) of the Mental Healthcare Act, 2017 whereby insurers are bound to provide medical insurance for the treatment of mental illness.

A Supreme Court Bench comprising of Justices Rohinton F. Nariman, Navin Sinha and BR Gavai heard the matter and issued notice to the Union Health Ministry and the IRDAI.

To read this story in Hindi, please click here.

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