LET THE JUSTICE PREVAIL FOR SUICIDE ATTEMPT SURVIVORS

Abstract

Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated as a criminal offence under the section 309 of Indian Penal Code. 

The short comment reviews the international legal perspective across various regions of the world, discusses the unintended consequences of section 309 IPC. 

Suicide attempt can be defined as a non-fatal self-directed potentially injurious behaviour with an intent to die. 

Most countries across the world no longer criminalize the suicidal attempts, however India has continued to hold it as a punishable offence. 

Research suggests that psychiatric illness constitutes a major cause for nonfatal suicidal behavior. Risk factors for non-fatal suicide attempts by adults or youth include depression and other mental disorders. 

people who attempt suicide are in need of help rather than punishment in view of association with a high psychiatric or psychological morbidity. 

As per Article 21 of the Indian constitution, "No individual should be denied of his life or individual freedom with the exception of as per technique built up by the law”. While the constitution covers the right to life or liberty, it does not include the ‘right to die’. The attempts at taking one's own life are not considered to fall under purview of constitutional right to life. 

India continues to follow the archaic law even though Britain itself had decriminalized suicide way back in 1961. 

The punishment for these varies from 1-10 years of imprisonment and heavy fines. 

During 19th and 20th century, most of the developed countries have repealed criminalization of attempted suicide, but some countries including India, continue to treat suicidal attempt as a criminal offense. 

Countries that have retained attempted suicide as a criminal offense are mainly from two regions viz. North African region and South Asian region. 

Currently, World Health Organization identified 59 countries across the world that have decriminalized suicide. 

The criminal prosecution and the imposition of custodial and financial penalties on those convicted of suicidal behaviors constitute an affront to human dignity. 

Penal sanctions will only serve to exacerbate suicidal persons’ risk for depression, anxiety, and repetitive suicidal behavior 

Hinduism, it is believed that death by suicide do not lead to achievement of salvation (moksha). 

the suicidal behavior is a result of a host of factors, some of which are outside a person's control, such as endogenous biological causes, socioeconomic causes such as poverty, frustration in love, setbacks in finances, family or other such reasons