Karnataka High Court Directs Review of Mental Health Policies for Armed Personnel While Quashing Suicide-Attempt Case

Karnataka High Court Quashes Suicide-Attempt Case, Calls for Mental Health Review in Armed Forces

The High Court of Karnataka has quashed criminal proceedings against a 37-year-old CISF Sub-Inspector who attempted suicide with her service pistol while on duty in Mangaluru in 2022. Justice Suraj Govindaraj said security and police organisations must review existing policies for personnel entrusted with firearms.

She told the court she had acted after years of severe mental distress over her inability to conceive a child due to a blocked fallopian tube.

Allowing her petition, Justice Govindaraj set aside the trial court's order and discharged her of the charge under Section 309 of the IPC for attempt to commit suicide.

The order read Section 115 of the Mental Healthcare Act, 2017 as raising a mandatory presumption of severe stress in such cases. The burden was on the prosecution to displace it.

No evidence had been produced to displace that presumption. Continuance of the trial was therefore an abuse of the judicial process, the court held.

"Personnel serving in these forces are also human beings. They have families, relationships, responsibilities and personal problems. They experience grief, anxiety, financial difficulties, marital discord, illness in the family and other difficulties common to human life. Wearing a uniform or undergoing rigorous training does not make them immune to such problems," the court said.

According to the court, the expectation that such personnel must remain available for duty at all times and discharge responsibilities, come rain or shine, irrespective of personal circumstances or mental condition, calls for a change in institutional thinking.

Counselling access, return to duty

The organisations concerned were asked to strengthen mental health and welfare measures. They must ensure accessible and confidential counselling, professional mental healthcare and timely treatment at all levels, including for those posted in remote and difficult locations.

Commanding and supervisory officers must be sensitised to recognise signals of distress and facilitate appropriate assistance, the court said.

Personnel who undergo treatment or face mental health difficulties must receive suitable support for rehabilitation and return to duty based on professional assessment. The order said the welfare of personnel and the security of the public are not competing considerations, and a force which looks after the mental and physical well-being of its personnel is better equipped to maintain discipline, operational readiness and public safety.