Suicide is principally a mental health issue. It is essential to remove one of the big colonial era blots on our statute books — Section 309 of the Indian Penal Code, which treated attempted suicide as a crime.
England repealed it 50 years back. What took us so long ? Did we ever rake this issue?
The Supreme Court in 1994, in P.Rathinam vs Union Of India held Section 309 to be violative of Article 21, and even conceded the right to die by interpreting the right to life as ipso facto implying the right to not live a forced life. That, however, was set aside by a constitutional bench in 1996, Gian Kaur v. State of Punjab. It ruled that Article 21 cannot be construed to include within it the ‘right to die’ as a part of the fundamental right guaranteed therein, and therefore, it cannot be said that section 309 is violative of Article 21.Thus Section 309 was reinstated in the statute and the ball was thrown back in the hands of the political executive.
Landmarks in repealing Section 309 IPC.
The Mental Health Care Bill has been discussed at length in our previous article.
Then, how did the lawmakers finally decide to scrap it off?
The Law Commission of India has in its 210th report has recommended Humanization and Decriminalization of Attempt to Suicide. It stated that sympathy, counselling and appropriate treatment and not punishment will prevent a person from committing suicide. It called Section 309 a stumbling block in prevention of suicides and improving the access of medical care to those who have attempted suicide.
Since law and order is a State subject, a mere repeal at the national level was insufficient, and States and Union Territories had to agree if the recommendations of the 210th report of the Law Commission had to be implemented. 18 States and 4 UTs supported the deletion of Section 309.
Why is it important ?
Continuation of Section 309 is considered an anachronism unworthy of human society in the 21st century. It is felt that attempt to suicide may be regarded more as a manifestation of a diseased condition of mind deserving treatment and care rather than an offence to be visited with punishment. Criminalising suicide is a form of censure rather than a way of helping people deal with their underlying mental health problems and the various immediate triggers that lead them to attempt to take their lives . As the World Health Organization has pointed out, criminalisation has the opposite effect of deterring people from attempting suicide as it discourages them from reaching out for medical help and treatment. Recognising it as an illness would also help us to cautiously address cases relating to abatement to suicide. While abatement to suicide is a serious criminal offence, the law has been misused in many cases because of the failure to recognise suicide for what it is.
Medical evidence also suggests that suicide is an illness and that the vast majority of those who commit or attempt to commit it have a diagnosable mental disorder. These disorders have not been recognised or adequately treated, which highlights the importance of sensitising the public about the symptoms of depression and other mental disorders.
The removal of the law is also favored by the World Health Organization, which in a September 2014 report said suicide rates tend to decline in countries after decriminalisation.
But, some people have expressed their reservations against repealing Section 309.
What is the counter view?
Iron Sharmila case : Delhi court framed charges against Iron Sharmila under Section 309. She was fasting seeking the repeal of AFSPA for 12 years. Now that the government has planned to withdraw this Section it would majorly boost people going on hunger strikes without the fear of being booked for attempt to suicide. More violent protestors have also adopted the method of attempting self-immolation to draw attention to their demands. Such protests are infact frighteningly common in India. Police used to book them under Section 309 to prevent them from committing suicide. Hitherto, the police are going to be deprived of their power to stop such protests. Thus while the government decision to decriminalise ‘attempt to suicide’ is rightly being studied from a moral and philosophical perspective, it would also be wise to analyse its implications from a practical standpoint of powers of police in relation to protests and agitations. Government should find a way around this problem if it completely takes away the powers of the police to prevent unnecessary deaths.
Some states did not agree. Bihar urged caution, saying suicide-bombers would no longer be covered and deterred by law. This is however a minor concern because there are several anti-terror laws to deal with such situations. Madhya Pradesh believed that the repeal would dilute Section 306 dealing with abatement to suicide. But this claim overlooks the Gian Kaur decision that stated that “Section 306 enacted a distinct offence which is capable of existence independent of Section 309”.
The law may be struck off, but the social problem of suicide still remains. India has a suicide rate of 15 per 1,00,000 population, and the world’s highest rate among 15- to 29-year-olds, according to the WHO. Suicide is now the leading cause of death among young Indian women. It is time suicide was made a serious healthcare priority. Government ought to explore ways and means by which people can be prevented from being driven to commit suicide. The society should come together and take it upon itself as a social responsibility to protect our folks in distress, and in need of support and care.
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## Just for Gyaan – Do you know, why suicide was considered a crime before? Self- murder was considered a mortal sin in the eyes of the Church. For a death to be declared a “Felo de se”, Latin for “felon of himself”, an old legal term for suicide, it had to be proved the person was sane. If proven, he was denied a Christian burial – and instead carried to a crossroads in the dead of night and dumped in a pit, a wooden stake hammered through the body pinning it in place. There were no clergy or mourners, and no prayers were offered. But punishment did not end with death. The deceased’s family were stripped of their belongings and they were handed to the Crown. It was said that the suicide of an adult male could reduce his survivors to pauperism. ##
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