Should attempt to Suicide be Decriminalised  

Sanjeev Sirohi , Advocate

“What is needed to take care of suicide prone persons are soft words and wise counseling (of a psychiatrist), and not stony dealing by a jailor following harsh treatment meted out by a heartless prosecutor. Section 309 of the Penal Code deserves to be effaced from the statute book to humanise our penal laws. It is a cruel and irrational provision, and it may result in punishing a person again (doubly) who has suffered agony and would be undergoing ignominy because of his failure to commit suicide.” This enlightening observation was made by Apex Court in the case of P. Rathinam v. Union of India, AIR 1994 SC 1844.

It is most intriguing and frustrating to observe that our penal laws which are nothing but the handiwork of Britishers have by and large remained untouched even after more than 60 years of independence. What a pity that Britishers have themselves amended their penal laws and decriminalised attempt to suicide way back in 1961 but we are yet to even deliberate on taking any action on this decisive issue which subjects an already tormented person to further punishment and ignominy!

Certainly, we should not be the copycat of Britishers but can we deny that increasingly more and more countries like Netherlands , Belgium , Luxembourg , Switzerland , Oregon and Washington in USA and Thailand are even legalising euthanasia or mercy killing for terminally ill persons? Can we deny the decriminalization of attempted suicide by all countries in Europe , North America and Canada ? Can we deny that it is only a handful of countries in the world like Pakistan , Bangladesh , Malaysia , Singapore and India who still punish attempt to suicide under their penal laws? Are we still waiting only to be the last country in the world to decriminalise attempt to suicide? Let us not forget that Section 309 of IPC tantamounts to brazenly punishing a person who is already suffering endlessly by not only sending him/her to prison for one year but also imposing fine which only serves to make their life more miserable by further compounding their endless problems. How can this grave injustice be ever justified? Can an ordinary person even dream to commit suicide? It is under very compelling adverse circumstances that a person resorts to taking the extreme step of attempting to commit suicide which must be fully taken into account. Such people suffering from severe depression need the company of good doctors and not jailors which we all must also now realise and appreciate.

The Law Commission of India in its 42 nd 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 is betrayed by the fact that Sri Lanka repealed the law four years ago and the suicide rate is showing a trend in reduction. On the contrary, in Singapore suicide rates have been increasing in recent years despite their having suicide as a punishable offence.

The 18 th Law Commission in its 210 th Report titled ‘Humanization and Decriminalization of Attempt to Suicide' submitted on October 17, 2008 gave the following recommendations:-

“1. Suicide occurs in all ages. Life is a gift given by God and He his life, it would be cruel and irrational to visit him with punishment on his failure to die. It is his deep unhappiness which causes him to try to end his life. Attempt to suicide is more a manifestation of a diseased condition of mind deserving of treatment and care rather than punishment. It would not be just and fair to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide.

2. The criminal law must not act with misplaced overzeal and it is only where it can prove to be apt and effective machinery to cure the intended evil that it should come into the picture.

3. Section 309 of the IPC provides double punishment for a person who has already got fed up with his own life and desires to end it. Section 309 is also a stumbling block in prevention of suicides and improving the access of medical care to those who have attempted suicide. It is unreasonable to inflict punishment upon a person who on account of family discord, destitution, loss of a dear relation or other cause of a like nature overcomes the instinct of self-preservation and decides to take his own life. In such a case, the unfortunate person deserves sympathy, counselling and appropriate treatment, and certainly not the prison.

4. Section 309 needs to be effaced from the statute book because the provision is inhuman, irrespective of whether it is constitutional or unconstitutional. The repeal of the anachronistic law contained in section 309 of the IPC would save many lives and relieve the distressed of his suffering.

5. The Commission is of the view that while assisting or encouraging another person to (attempt to) commit suicide must not go unpunished, the offence of attempt to commit suicide under section 309 needs to be omitted from the IPC.

Justice PB Sawant in Maruti Shripati Dubal v. State of Maharashtra , 1987 CrLJ 743 (754) (para 19) ( Bombay ) observed: “The discriminatory nature of section 309 becomes particularly prominent when its provisions are compared with section 300, I.P.C. While defining murder, the legislature has taken pains to make a distinction between murder and culpable homicide not amounting to murder and has prescribed different punishment for the two. However, section 309 prescribes the same punishment to all individuals irrespective of the different sets of circumstances under which the suicide attempt is made. This is strange, although murder is a more heinous offence with consequences to the other member or members of society.” So, attempt to suicide needs to be decriminalised immediately because such people obviously require treatment and not punishment, which our law makers should take note of sooner than later. It is said that Hope springs eternal in the human breast . Let's hope so in this regard too.