ENVISIONING INDIA AS EUTHANASIA FRIENDLY: INCEPTION WITH DECRIMINALISING LEGACY

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  • Maneesha 1st Year Student School Of Law Christ Author

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Abstract

‘There is no development without health and there is no health without mental health’-ministerial round tables on mental health by WHO within 58th World Health Assembly, 2001.

Experiences of mental disorder are not limited to perceptions of abnormality and symptoms of illness but are escorted by a second illness representing the stigma and discrimination associated with the disorder. The social representation of the disorder is not only associated with knowledge but our Indian society is also influenced by values, beliefs, myths, ritual practices, norms, images and stigma which has ultimate impact on legislations of our country. With passing of mental healthcare 2017, on 7 April 2017, our legislation has taken a positive step towards empowering mentally ill persons. It is with a deep sense of satisfaction that we are witnessing the emergence of phenomenal movement for improving mental healthcare at a national level. One needs to focus on section 115 of the aforementioned act which decriminalised suicide which had been one of the legacy of Indian penal code passed during British Era. Suicide is tragic and ultimately loss of human life all the more devastating and perplexing because it is a conscious volitional act. Death is tragic and suicide the ultimate tragedy. This is a psychological perspective of suicide but the legal perspective before the passing of the act was to treat a survivor as a criminal. The society has started to bury this feeling of apathy towards a person who survived his/her suicide attempt. The section elucidates that a person who commits suicide is to be presumed to have severe stress and this has clearly been highlighted in the association between depression and suicide. These legal interpretations can only succeed in social sphere if citizens are made aware of this or in other words ‘mental health literacy’. Mental health literacy has been defined as the knowledge and beliefs about mental disorders which aid their recognition, management or prevention. We are living in an age where these two cannot or in majority of cases, will not exist in isolation. Hence it was noteworthy section in the act. Society has always been hesitant in accepting a survivor because of many reasons ranging from religious beliefs to their own prejudice. According to their beliefs how can a person be weak enough to give up their life for any amount of pressure or under any circumstances?  This argument is subjective and has no psychological relevance as human mind doesn’t function according to society’s whims and fancies.

Published

01-01-2018

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How to Cite

Maneesha. “ENVISIONING INDIA AS EUTHANASIA FRIENDLY: INCEPTION WITH DECRIMINALISING LEGACY”. Journal of Legal Studies & Research, vol. 4, no. 1, Jan. 2018, pp. 355-62, https://journal.thelawbrigade.com/jlsr/article/view/2090.