Is Life Worth Ending Section 309 Of IPC Suicide
When you're feeling like discarding, simply bear in mind the explanation why
you continued for so long.
Section 309 of Indian Penal Code provides that Attempt to commit suicide-
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].
You're a skeleton covered with a flesh and there's a tiny ray of hope that holds
them together. That little hope which pushes you each time you breathe. Every
time you put your fingers on your wrist you'll feel a thunder of applause for
your small brave heart for helping you to survive all those attempts to die.
Look yourself in the mirror ask yourself Is this life you chose for youself
is fair enough? it's ok not to be ok but till when? How can you
allow this not ok at the cost of you life?
Suicide is one among the foremost causes of death in young people. The amount of
individuals that die from suicide per annum is double the amount of homicide. In
most of the countries suicide may be a crime, however if booming there's nobody
However, tried suicide will be a punishable crime. Mentality of
individuals became thus weak that they solely consider ending their life.
Suicide may be issue that primarily happens with those that area unit mentally
or physically depressed or running through some style of tension. Not solely
these two reasons, however the cases of suicide has from such a large amount of reasons.
If, I refer most recent and running topic of suicide, then only one name
comes i.e. suicide of Sushant Singh Rajput's case. On 14th June, 2020 he was
found dead hanging from the ceiling fan at his home Bandra, Mumbai. The case
has been shifted to the Supreme Court. Let's await the ultimate order. the
rationale behind his committing suicide is depression.
If we tend to refer the young age, the suicide magnitude relation has
accumulated by half. Students are forced to do their best in exams, the kind of
pressure to fight competition among the students to secure good marks and get an
admission in some good colleges. Pressure of getting an addmisson into an IITs
and IIMs as a result of which students take tension and that fear of getting low
marks put them into the trouble and they finally commit suicide.
category falls into the people who are not getting good job opportunities, rape
victims, acid attack victims they are also committing suicide because they feel
like that it is better to end their life than to face the society. All these
above discussed issues are making people fall in depression as a result they
This provision was challenged in State of Maharashtra v. Maruti Sripati Dubal. Surprisingly,
the Bombay High Court held that section 309 was unconstitutional and violated
Article 21 because right to life includes right to die. The judgment was
delivered in 1987 (that committing suicide is not a punishable offence in many
countries and so on).
Then, in a judgment delivered in 1988 Chenna Jagadeeswar
v. State of AP, the Andhra Pradesh High Court held that right to die was not a
fundamental right and section 309 of IPC was not unconstitutional. In 1994, the
honorable Supreme Court of India in P. Rathinam v. UOI, held that a person had a
right to die and section 309 of IPC was unconstitutional. The court went up to
the extent of saying that a person cannot be forced to enjoy her/his right to
life against the wishes and that section 309 of IPC is a cruel and irrational
provision. However, euthanasia was still not accepted.
Finally, in Gian Kaur v. State of Punjab (decided in 1996), a five-judge bench
(constitutional bench), overruled all whims and held that right to life under
Article 21 of the Constitution of India does not include right to die. Section
309 0f IPC is constitutional and valid. If section 309 is for the betterment of
human body, then the chances of misleading by this section increases. Here
punishing an individual for attempting suicide would cause more harm than
Psychological state of an individual is important for determining the intention
to end their life.
Mercy killing or euthanasia is still not allowed in India. The concept springs
out from the fact that Article 21 guarantees a dignified life. If a person has
no dignity, it shouldn't be called a life. However, one should not post opinions
in haste. For instance, what about the young immature minds? What about rape
victims or depressed people?
The question regarding euthanasia was dealt by the honorable Supreme Court of
India in Aruna Ramchandra Shanbaugh v. UOI.
The Supreme Court of India allowed only passive euthanasia (with some
guidelines). Active euthanasia means actively letting a person die (for example,
a patient who certainly won't live being given poison or some other medicine to
let her/him die). This form is not allowed in India. Passive euthanasia on the
other hand means not causing the death of a person and also not trying to
prevent death of such person (for example, a patient who wont live in not being
further given a life support system or medication to prevent her/his death).
Passive euthanasia is allowed in India under some guidelines.
Hence arduous a personal for trying suicide would do additional damage than
sensible. Regardless of the social, economic, political, or personal reasons it
should be, it all boils right down to one final issue that determines the
commission of the act. It's the status of the person who is most significant in
deciding the intention to finish their own life. Someone who is psychologically
disturbed needs correct psychological care and medical aid, not solitude inside
the gray walls of jail cells. Imprisonment can solely have adverse effects on
their mental soundness.
On 7th April 2017, The Mental Health Care Act 2017 has came into existence.
Section 115 of MHCA states that the presumptions of severe stress in case of
attempt to suicide. Not withstanding something contained in Section 309 of the
Indian Penal Code(45 of 1860) a person who tries to kill shall be likely, unless
tested otherwise, to own severe stress and shall not be tried and corrected
below the aforesaid code.
The appropriate Government shall have a obligation to
supply care, treatment, and rehabilitation to someone, having severe stress and
who tried to kill, to scale back the chance of repetition of conceive to kill.
Thus suicide has been effectively decriminalised by the Mental care Act, 2017.
This Act seeks to look at the defendant as a victim of mental stress and is
taken into account to be during a temporary loss of his intellect. so it
provides a distinct scope of the therefore referred to as offence of a unsafe
try. The mental care act is so a progressive act quite trendy in its approach
and contrastive to its typical counterparts just like the IPC.
This is in tune
with the 210th Report of the Law Commission of india titles humanisation and
decriminalisation of attempt to Suicide. The report states that, Section 309 has
to be effaced from the written record as a result of the supply is inhuman,
regardless of whether or not it's constitutional or unconstitutional. The repeal
of the anachronous law contained in Section 309 of the Indian Penal Code would
save several lives and relieve the distressed of his suffering.
Moving on to usefulness, anxiety, psychosis, emotional disturbance, eating
disorders, and depression area unit simply many of the terms on the spectrum of
sicknesses that area unit very little acknowledged or perhaps famous by a
society at giant. Thus someone facing such disturbances is stigmatised and
secluded within the society instead of providing them comfort. so this is often
one in all the most reasons why many of us opt to request facilitate from
suicide helpline. Here they'll keep anonymous and speak freely while not the
sensation of being judged. But the potency of those helpline is extremely
The founder and director of AASRA, a suicide helpline states that there area
unit restricted variety of volunteers and uncounted calls to answer what is more
they lack enough funds to use enough volunteers. They see very little hope in
obtaining funds from the government and so they depend on NGOs.
I would prefer to conclude my topic by saying that if the reason behind person
committing suicide is personal then tries to resolve it instead of ignoring it.
If the reason for committing suicide is social i.e. associated with equality or
discrimination (something that's compete in general) then, the necessity of
amending strict laws is important. I am not against or in professional of any
kind of sections or acts. I simply wish to be on the side of the person who find
the proper solutions or control behind the suicide.
Awareness and data relating to, importance of our precious life, ought to tend at college level. A lot of
development toward study of scientific discipline ought to be augmented. State
should take correct responsibility in giving correct treatment to folks that are
suffering stress, anxiety, psychological disorder, depression, etc. mental
hospital should to be developed and maintained properly. Thus, one discovery
will save several lives. Suicide doesn't kill individuals, unhappiness kills
Nobody is perfect and it is the flaws that makes us different from each other.
So wake up today and cry your heart out.
Place your hand over your heart, can you feel it? That is called purpose.
You're alive for a reason so don't ever give up.
By: Shubhani Choudhary
Law Article in India
You May Like
Legal Question & Answers