Soldiers under immense stress, unjust to dismiss CRPF officer for attempt to suicide: Orissa High Court

Armed forces personnel or those in security forces work under tremendous pressure, observed the Orissa High Court recently while granting relief to a Central Reserve Police Force (CRPF) constable who was removed from service for attempting to die by suicide..Justice Dr. SK Panigrahi, termed the decision to dismiss the constable from service a complete miscarriage of justice. The Court observed that the CRPF's competent authority appeared to have been totally oblivious to the mental health condition of the constable, who said that he had attempted to take his own life due to mental pressure."It is a case of no evidence and complete miscarriage of justice inasmuch as the Competent Authority has been totally oblivious of the mental health of the Petitioner. The Authority has treated him like an ordinary offender and dealt the issue sternly," the Court's June 25 order stated..Notably, the Court also highlighted that the members of armed forces generally work under tremendous stress."Members of the armed forces operate under immense stress and strain due to the demanding nature of their duties, which often involve life threatening situations, long periods away from family, and the responsibility of national security," the Court remarked.The Bench added that the high-stakes environment in which armed force personnel work requires constant vigilance and resilience, which amount to a lot of psychological pressure. Such stress can also be compounded by external factors such as financial woes, marital problems or family health crises. The ensuing burden can be overwhelming and diminish one's mental coping mechanisms, the Court noted. "Consequently, without adequate mental health support and intervention, members of the force may resort to extreme measures as a way to escape the relentless pressure," the Court said. The Bench added that it is important to acknowledge and address such dual sources of stress experienced by armed force personnel to prevent tragic outcomes and ensure their well-being, instead of punishing them by removing them from service. .By way of background, a CRPF constable had attempted to die by suicide in 2000 by blasting two grenades while he was on sentry duty. He was removed from service in 2001 after the conclusion of disciplinary proceedings.A criminal case was initially registered against him under the now-deleted Section 309 (under which attempts to die by suicide used to be criminal offence) of the Indian Penal Code (IPC), although it was eventually dropped in 2002. After unsuccessful appeals before CRPF authorities, the constable eventually moved the High Court in 2015 seeking his reinstatement to service. By a June 25 order, the Court granted him relief. The Court observed that any person who attempts to commit suicide is be presumed to be under severe stress, as per Section 115 of the Mental Healthcare Act. Such a person cannot be tried or punished under criminal law, the Court noted."It (the Mental Healthcare Act) further casts a duty upon the appropriate Government to provide care, treatment and rehabilitation to a person, having stress and who attempted to commit suicide to reduce the risk of recurrence of attempt to commit suicide," the Court further observed. .The Court also noted that the constable had undergone medical examination in Hyderabad, and that a mental health institute had certified that he was fit to resume duties, albeit on tasks that did not involve handling or being near firearms.The Court, therefore, ordered that the constable be reinstated to service within three months and that he be assigned tasks that do not involve handling firearms or being near them. "However, if the Petitioner has been retired in the meantime, his retiral benefits may be calculated appropriately and shall be disbursed forthwith," the Court added. .Advocate Sudarsan Behera appeared for the CRPF constable, while advocate Bijayalaxmi Tripathy represented the CRPF..[Read Order]