Decriminalization of Attempt to Suicide: Section 309 IPC

SUBMITTED BY Abhishek Sinsinwar

15IP61037

UNDER THE GUIDANCE OF

Prof. Dipa Dube

Suicide

• Suicide is a form of deviance.

• Suicide is the human act of self-inflicted, self-intentioned death

• World Health Organisation defined suicidal act as “the injury with varying degree of lethal intent” and that suicide may be defined as “a suicidal act with fatal outcome”. Suicidal acts with non fatal outcome are labelled by World Health Organisation as “attempted suicide.”

Suicide in India: Statistics

• According to numbers provided by the World HealthOrganization (WHO), suicide is one of the three leading causesof death worldwide among those in the most economicallyproductive bracket of 15–44 years, and the second leadingcause of death in the 15–19 years age group. The majority ofsuch deaths occur in low and middle income countries. Back in1999, the WHO estimated that by 2020, people who attemptsuicide world-wide would be 10 to 20 times more than thosewho succeed in committing it.

• India’s National Crime Records Bureau estimated in itsAccidental Deaths & Suicides Report of 2014 that more than 1lakh (1,31,666) people committed suicide in 2014 due tovariety of factors. The number of suicides in the countryduring the decade (2004–2014) has recorded an increase of15.8% .

Legal Status on Attempted Suicide in India

Section 309 in the Indian Penal Code

The Section 309 in the Indian Penal Code lays down thepunishment for attempted suicide.

“Whoever attempts to commit suicide and does any acttowards the commission of such offence shall be punished withsimple imprisonment for a term which may extend to one yearor with fine, or with both.”

Constitutional Validity of Section 309

• First time constitution validity of section 309 was discussed in case of State v. Sanjay Kumar Bhatia in 1985. In its observation the Bombay high court states that a man, who is driven to such frustration, that he is willing to take his own life, should be sent to a psychiatric clinic rather than a jail to mingle with criminals.

• Again in 1994 in case of P. Rathinam v. Union of India the Supreme Court even went on to call it “irrational and cruel and hence void.” It held that the right to life and liberty, under article 21 of the constitution, must also be interpreted to include the right to die.

• However this status was overruled in case of Gian Kaur vs. state of Punjab but it is significant to note that the Supreme Court in Gian Kaur took into consideration, only the constitutional validity of Section 309 and not the wisdom of retaining or continuing the said provision in the statute.

Constitutional Validity of Section 309

• Again, in a path–breaking decision in Aruna Ramchandra Shanbaug v. Union of India & Ors. , given on March 7, 2011, a bench consisting of Justice Markandey Katju and Justice Gyan Sudha Mishra, said: "We are of the opinion that although section 309 Indian Penal Code (attempt to commit suicide) has been held to be constitutionally valid in Gian Kaur's case, the time has come when it should be deleted by Parliament as it has become anachronistic… We therefore recommend to Parliament to consider the feasibility of deleting section 309 from the Indian Penal Code.”

Law Commission Reports on Section 309 IPC

• The Law Commission of India in its 42nd Report (1971) recommended repeal of Section 309 being of the view that this penal provision is “harsh and unjustifiable”. The apprehension that the repeal of the law criminalizing attempted suicide would result in increase in suicide.

• The 18th Law Commission in its 210th Report titled ‘Humanization and Decriminalization of Attempt to Suicide’ submitted on October 17, 2008 and recommended that that attempt to suicide warranted medical and psychiatric care and not punishment. The report also said that it was very important to understand that suicide is a not a manifestation of criminal instinct since there is no mens rea. It suggested that to take care of suicide-prone persons, wise counseling of a psychiatrist is needed and not harsh treatment by a jailor. It further stated that Section 309 needs to be effaced from the statute book because the provision is inhuman, irrespective of whether it is constitutional or unconstitutional.

Religious Views on Suicide

• In Hinduism suicide was regarded as permissible in some circumstances.In ancient India, in Manu’s Code it states that a man may undertake the mahaprasthana (great departure) on a journey which ends in death, when he is incurably diseased or meets with a great misfortune, and that, because it is taught in the Sastras, it is not opposed to the Vedic rules which forbid suicide.

• Similarly In Judaism Suicide has always been forbidden, except for three specific cases. If one is being forced by someone to commit murder, forced to commit an act of idolatry, or forced to commit adultery or incest, then in those cases alone would suicide be permissible.

• In Jainism, practice of fasting to death which is termed as Santhara. According to Jain text, Purushartha Siddhyupaya, when death is near, the vow of Santhara is observed by properly thinning the body and the passions.

International Legal Status on Suicide• Internationally, Germany, in 1751, was the first country to

decriminalize attempted suicide. After the French revolution, all countries of Europe and North America subsequently decriminalized suicide.

• In 1983, the Roman Catholic Church reversed the canon law that prohibited proper funeral rites and burial in church cemeteries for those who had committed suicide.

• Some countries like Scotland never considered suicide a crime and had no law for the same.

• Suicide ceased to be a legal offence with the passing of the Suicide Act 1961 in England.

• In India’s neighboring countries Pakistan, Bangladesh, Malaysia, and Singapore among others still continue to consider suicide a crime.

Needs of Decriminalization

• Those who attempt suicide on account of mental disorders need psychiatric treatment and not confinement in the prison cells where their mental condition is bound to worsen. Counseling facilities like counseling centers, counseling helplines and etc. should be set up for them.

• People who attempt suicide on account of physical ailments, diseases, disablement, or decrepit physical state induced by old age need nursing homes and not prisons to prevent them from making such attempts again.

• Also Sending him to a prison would mean that he would interact with criminals, most of whom would have committed crimes due to similar reasons.

• Punishing attempted suicide is illogical because it becomes a crime for which the law can't punish you if you are successful, but can, if you are not.

Implications of Decriminalization

• This move might go a long way in reducing the stigma attached with suicides. People will not any longer feel the need to hide their suicidal thoughts and would be encouraged to talk about it with others and subsequently to seek professional help.

• The WHO employed a ‘basic intervention and contact’ technique in their suicide prevention (SUPRE) trials to see if it would save lives, and it was found that in those cases where doctors were able to reach out to patients, talk them through problems and put them in touch with the kind of medical/psychological attention they needed, there was a definite decrease in repeated suicide attempts. This was because those who attempted suicides felt like they were cared for and supported.

• It will help in decreasing legal hassle with hospitals who prefer to call in law enforcement agencies rather than treating the person involved. Decriminalizing suicides could allow for doctors and counselors to reach out and provide people prone to suicide with the necessary coping mechanisms they need.

Current Legal Status of section 309 IPC

• The Ministry of Health in August 2013, introduced the Mental Health Care Bill, 2013 in the Rajya Sabha. Section 124 of the Bill aims to decriminalize attempt to suicide and lays down certain duties to be followed by the Government in such cases.

• Section 124 of the Mental Health Care Bill, 2013 reads thus:

“Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to be suffering from mental illness at the time of attempting suicide and shall not be liable to punishment under the said section.”

Current Legal Status of section 309 IPC

• As law and order is a state subject, the central government requested the views of states/UTs on the recommendations of the law commission. Eighteen states and 4 UT administrations supported that Section 309 of the IPC may be deleted.

• It has been announced on December 10, 2014, to delete section 309 of IPC from the statute book.in latest development Minister of state for Home affairs told in Rajyasabha that A draft formulation is presently under examination in the Ministry of Law and justice and soon will be passed in both houses.

Conclusion

• In conclusion, attempted suicide should be decriminalized since it is based on archaic legal principles. Decriminalization will reduce the trauma and potential prosecution in the aftermath of a suicidal attempt. As this could be a starting point for the government to take on and address the difficult issues surrounding mental health. There is a need to develop an effective framework integrating the mental health with social welfare, education and other related sectors.