RIGHT TO SUICIDE

RIGHT TO SUICIDE

WRITTEN BY- SUKRITI DUBEY

COURSE/YEAR- BBA LLB 4^th YEAR

CHANDERPRABHU JAIN COLLEGE OF HIGHER STUDIES

AND SCHOOL OF LAW, GGSIPU, DELHI

EDITED BY: ADV. VAISHNAVI PARATE

COURSE- LLM 1^ST YEAR

SHRI NATHMAL GOENKA LAW COLLEGE, AKOLA

Introduction

In India depression, mental breakdown and anxiety are not normal or a common topic among people. A troubled individual considers suicide as a last resort to end their life as a result of these problems. Suicide is a dilemma that requires emotional and mental support to a disturbed person and it is one of the major cures for this problem. The rate of suicide increased during the COVID-19 pandemic because some people lost their loved ones, some lost their jobs some were stuck somewhere alone for months and some became mentally ill due to feelings of hopelessness. Article 21 of the constitution of India, 1949, is a fundamental right, that talks about the protection of life and personal liberty, the article ensures that no one can deprived of someone’s life and each person has a right to life with dignity and personal liberty. Article 21 is given under Part III of the Constitution of India.

There was a question that arose about whether the right to life itself involves the right to die. When Article 21 ensures that everyone is entitled to the right to life then it also means that they are also entitled to the right to suicide and it is also an essential right.

Regarding the above-discussed topic, there have been various opinions and differing judgments from different courts concerning the meaning of Article 21 and the constitutionality of Section 309, IPC.

What do you mean by suicide and why do people commit suicide?

Suicide is an act which means self-killing or self-murdering. It is a voluntary act committed by an individual to end their own life and escape the tragedy that happened in his/her life. It doesn’t happen only in specific communities or age groups, it happens globally.

There are so many reasons why a person ends his own life. Even experts can’t able to find it that what is the main reason behind committing suicide. But some factors provoke a person to commit suicide, those factors are:-

Chronic Disease
Alcohol or drug addiction
Family issues
Financial loss
Mental illness
Feeling of loneliness

Suicide rates in India

Every year on September 10, we commemorate World Suicide Prevention Day to increase awareness of the serious effects of suicide. Annually, over 700,000 suicides are reported globally, according to a World Health Organization (WHO) survey. On World Health Prevention Day, we are reminded that preventing suicide is a major issue among societies and it should be the public’s priority. It should be necessary to take action to curb the increasing rates of suicide in society.

According to the August 2022 report which was released by the National Crime Records Bureau (NCRB), “that shows there was 1.64 lakh suicide cases were registered in India in 2021. The numbers are shocking as they show a significant increase of 6.1 cases per one lakh population compared to the 2020 figures. The suicide rate in India in 2021 was recorded at 12 per one lakh population as against the rate of 11.3 per one lakh population in 2020.”

Figure 1.1 Number of deaths by suicide increased by 2021

The majority of suicides, according to the research, were brought on by financial loss both during and after COVID-19. “The male-to-female ratio of suicide victims was 72.5 as opposed to 27.4, which was much higher than 2020's ratio of 70.9 against 29.1. The explanations included layoffs, insufficient wages, etc.”

Most suicides were reported in the following states of India where 50.4 per cent of suicide cases were recorded,

Maharashtra
Tamil Nadu
Madhya Pradesh
West Bengal
Karnataka

Figure 1.2 Males and Females from varying age groups who commit suicide mostly in which country

Provisions regarding suicide in India

309. Attempt to commit suicide, of the IPC, 1860—

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

However, Sec. 309 of IPC was contested as unconstitutional because it contravened Art. 21 of the Indian Constitution, which states that when a person's right to life is guaranteed, they also have the right to take their own life.

21. Protection of life and personal liberty

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Several landmark cases address the legal question of whether section 309 of the Indian Penal Code violates the limits of the Indian Constitution.

“The question came up first before the Bombay High Court as per the name of the case, Maruti Shripati Dubal v. State of Maharashtra, the Court held that the sec. 309, IPC as a contradiction with Articles 14 and 21.” The court stated that many basic rights have positive as well as negative characteristics. The court determined that Section 309 of the IPC violates the Indian Constitution and is unconstitutional. And the same should be repealed.

“Then in the case of P. Rathnam v. Union of India, held that section 309 was void and unconstitutional. It is extremely contrary to the Indian Constitution.” It is so inhuman behaviour to hold a person punishable for not being able to take their own life. A person who tried to commit suicide was already disturbed from his life and if he failed a suicide attempt then we should not punish him for the unsuccessful suicide attempt. There is required a counselling and physical psychiatrist, not an environment that is full of criminals and harsh treatment. The apex court expressed its decision to delete the sec. 309 from the IPC.

“P. Rathnam v. Union of India case was overruled by the court in Gian Singh v. State of Punjab, the court gave the opinion that all the fundamental rights are different in their way, they all have different applications and interpretations. Like Article 19 possesses positive as well as negative aspects but Article 21 cannot be interpreted in the same way.”

● Decriminalization of suicide

The Law Commission of India revised the Indian Penal Code in addition to the central acts and in consequence, they recommended repealing section 309. We do, however, firmly believe that the penal provision ought to be repealed because it is severe and unjustified. Instead, a new section was proposed, which states that “309. Whoever, by persistent acts of cruelty, drives a member of his family living with him to commit suicide shall be punished with imprisonment which may extend to three years and may also be liable to fine.”

In 1972, the bill which was regarding the repeal of Sec. 309 of IPC, was introduced in the Rajya Sabha but the bill was never able to pass the Lok Sabha due to the dissolution of the house at that time.

In the 210th report, the law commission recommended that “Whether it is permitted or not, Section 309 should be removed from the statute book since it is an inhumane law.… The Indian Penal Code ought not to include the offence of attempting suicide under Section 309.”

In 2018, the Mental Health Care Act of 2017 reduced the scope of Section 309 without eliminating it from the Indian Penal Code. The relevant provision Sec. 115 of the Mental Health Care Act, 2017 reads as, “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 have severe stress and shall not be tried and punished under the said Code.”

India has recently decriminalized suicide attempts and provides that person treatment, and counselling rather than holding them punishable.

The Mental Health Care Act states that, unless otherwise demonstrated, it is assumed that a person making a suicide attempt is under stress. The central government should give the survivor with appropriate care, counselling, and rehabilitation to stop the recurrence.

Conclusion

People believe that every unsolvable problem’s solution is suicide. Suicide is a long-term solution to transient life issues. The World Health Organization acknowledge that suicide is viewed as a priority of public health that requires treatment rather than punishment. Punishment can't deter someone from committing suicide who has lost interest in life. hence the law intended to prevent suicides by punishing people who have attempted suicide would not be effective or beneficial. A mentally sick individual who attempted suicide needs to receive psychiatric care rather than being imprisoned. Knowledge about the circumstances and factors that drove the individual to commit suicide, as well as solutions for those conditions and the mental illness the person is experiencing, is needed instead of punitive measures.

REFERENCE