The Hindu : National : Punishment for suicide bid is double whammy: law panel

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Punishment for suicide bid is double whammy: law panel

J. Venkatesan

It is cruel to visit a troubled man with punishment on his failure to die
The unfortunate person deserves sympathy, counselling and treatment

NEW DELHI: The Law Commission has recommended to the Centre that it repeal the anachronistic law, contained in Section 309 of the Indian Penal Code, making attempt to suicide a punishable offence.

Section 309 says: “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.”

The Commission, headed by Justice A.R. Lakshmanan, in its 210th report submitted to the government said: “Section 309 provides double punishment for a person who has already got fed up with his life and desires to end it. Section 309 is also a stumbling block to prevention of suicides and improving the access of medical care to those who have attempted suicide.”

The Commission said: “It is unreasonable to inflict punishment upon a person who, on account of family discord, destitution, loss of a dear relation or 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. Section 309 needs to be effaced from the statute book because the provision is inhuman, irrespective of whether it is constitutional or unconstitutional.”

In 2006, as many as 1,18,112 people in the country took their own lives as against 1,13,914 suicides in 2005. Around 35.7 per cent of such deaths were of youth in the age group of 15-29 and 34.5 per cent were of people aged 30-44. The commission noted that only Pakistan, Bangladesh, Malaysia, Singapore and India persisted with this undesirable law. “The panacea for those who attempt suicide certainly cannot be imprisonment. They need compassion, emotional support and sometimes even psychiatric help.” If attempted suicide were decriminalised it would make things more workable and “easier for all to extend their hand and support in reducing suicide in India.”

The commission said: “Suicide occurs in all ages. Life is a gift given by God and He alone can take it. Its premature termination cannot be approved by any society. But when a troubled individual tries to end 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. The criminal law must not act with misplaced zeal and it is only where it can prove to be an apt and effective machinery to cure the intended evil that it should come into the picture.”

Taking into consideration the views of the World Health Organisation and the International Association for Suicide Prevention, France; decriminalisation of attempted suicide by all countries in Europe and North America, the opinion of the Indian Psychiatric Society and representations received from various people, the Commission said it was recommending repeal of Section 309.

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