ABSTRACT
“Do not punish the helpless, help the helpless”[1]as stated by Shri Justice Jahagirdar in his article titled “Attempt at Suicide-Crime or Cry” pricks on our consciousness to deal with suicide. It is evident that penalization of suicide is an anachronism in the society like ours. However, some proponents in favor of criminalization continue to believe in the deterrence approach towards its prevention rather than seeking to evaluate the conditions accelerating it. Considering suicide as a crime takes a negative toll on public mental health and awareness which impedes on our efforts to uproot the social stigma around mental health. The coercive machinery of Section 309 is wholly irrelevant as the person attempting suicide does no wrong to others so it should be treated differently unlike other offences. Treating suicide as a crime by inflicting punitive measures is also arbitrary as it violates the very essence of Article 21 which intends to observe that survival after such suicidal attempt, a crime. The pressing priority attempted by, 210th Law Commission Report, Mental Healthcare Act, 2017 aims at overturning the inhuman tag of Section 309 and adopts a psycho-medico approach to eradicate suicide from its underlying cause of mental agony and societal conditions which obscures the individual to live a happy and dignified life. This research paper aims to scrutinize and initiate a relation between the overlapping periphery of mental illness, suicide and offence. It evaluates why decriminalization is the need of the hour and also provides a comparative analysis of decriminalization in different countries along with effective suggestions aimed at viewing suicide from a psycho-social perspective towards its prevention.
KEYWORDS
Suicide, decriminalization, penal, stigma, stigma, attempt.
INTRODUCTION
Suicide is defined as death caused by self-directed injurious behavior with any intent to die as a result of such behavior. On the other hand, suicide attempt is a nonfatal self-directed potentially injurious behavior with any intent to die. A suicide attempt may or may not result in injury.[2] The word suicide is derived from the modern Latin word “suicidium” that is “act of suicide’ and from the Latin phrase ‘sui cadere’ which means self-killing. There has been a well round controversy upholding questions around suicide. Society, religion, law binds suicide within the connotation of offence or crime. In context, the person committing suicide must commit it himself irrespective of the means employed by him in achieving the object of killing himself. [3]Human suicide dates back to 3000 years. In ancient Greece, Egypt and Rome, suicide was considered as sinful, even the bodies of those who died due to suicide were left open to animal as it was considered a violation of sacred norms of the society. In reference to the recent times suicide has been the foreground of major mental illnesses and societal causes. Recent developments in the scope of suicidal deaths or attempts suggest that the focus should be more on the concern to deal with the root of suicide rather treating it in pari materia to crime. According to the report of World Health Organization on suicide, 8 million people die due to the very cause of suicide amounting to one person dying every 40 seconds. Suicide rates has also increased from 10.9 in 2009 to 11.4 in 2010. The bone of contention lies on whether decriminalization of suicide is justified or not. In reference to the Indian Law, suicide has nowhere been described in the Indian Penal Code. In plain English it is synonymous as willingly ending one’s own life. Section 309 of the Indian Penal Code reads as “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 with fine or both”. There has been attempts made by legislature and judiciary to safeguard against such colorable legislation violating one’s life and personal liberty. The issue rises on the amount of wrath, improper subjugation the survivors of suicide have to face through societal torment and stigma. Renowned sociologist Durkheim tried to demystify the act of suicide where his theory postulated that external pressures and societal stressors contribute to the cause of suicide, this study led to the awareness about suicide. Another major approach towards understanding suicide and change in societal attitude was to look at it from psychological perspective as given by Sigmund Freud. Sigmund Freud derived the concept of psychosis and provided that mental disorders should be considered as medical conditions rather than humiliation. Freud’s approach provided a steering change in the perspective of people around the stigma of suicide and that physical factor can even lead to mental issues. At the international level, Germany in 1751 was the first country to decriminalize suicide. Scotland never considered suicide as a crime and had no law regarding that. In Cayman Islands suicide was decriminalized after huge campaigns which highlighted that only 5% of children and youngsters at risk are seeking help due to the stigma around suicidal death and criminalization of suicide. This elaborated more that suicide is a mental health issue and never a crime. There are several international, political and multilateral organizations that led to the abolition of suicide criminalization across the world. The World Health Organization’s Mental Health Action Plan argues majorly on mental health strategies for prevention of suicide. 93% of the suicidal cases are due to the mental health issues. World Health Organization in its report provides that 59 countries have decriminalized suicide till now. In reference to India’s attitude towards decriminalization of suicide, the Mental Healthcare Act, 2017 is a major step towards sensitization of mental awareness. This act overturned Section 309 of Indian Penal Code which criminalizes suicide on the presumption of severe stress evading trial or punishment It also attempts to recognize the rights of persons with mental illness thus rescinding the Mental Healthcare Act, 1987. Which was criticized for not recognizing the rights of people with mental disorders. The Law Commission in 210th report emphasized on the humanization and decriminalization of suicide and that Section 309 needs to be effaced from statute book as it is inhumane and unconstitutional. Criminalization of suicide was based on the rational that the fear of penal provision of the act would subsequently deter people from attempting suicide. However, a study of 200 attempted suicides revealed that 46.2% males and 26.6% females were aware of the law before such suicidal act. Another argument is rooted in the religious belief that suicide is sinful as only God has the power to end one’s life and should be punished with huge detriment. However, the focus shall be on its prevention in an empathetic way rather than unthinkable cruel approach.
Research Objectives
- To understand why and how decriminalization is the need of the hour.
- To understand India’s attempt in decriminalization with comparative knowledge of other nations.
- To evaluate the stigma around suicide and mental disorder.
RESEARCH METHODOLOGY
The study has referred to secondary source of data in order to evaluate and comprehend understanding of decriminalization of suicide in India. The study has been based on doctrinal research method inclusive of journals, articles, books and e-publications and websites of different governmental and non-governmental agencies and organizations.
REVIEW OF LITERATURE
1.Decriminalization of attempted suicide law: Journey through fifteen decades, Prakash B Behere, T.S Sathyanarayana Rao, Akshata N. Mulmule, Department of Psychiatry, Jawaharlal Nehru Medical College.
The authors in the above reference carefully laid the historical background in the analysis of suicidal deaths over the period of 15 decades. Redefining the problems around treating suicide as a crime, understanding gravity of the problem gave an extensive insight into decriminalization and its way forward. The evolving consciousness and its impact on the penal provision was ascertained in this study. The authors have also examined how the scene changed in India barring the societal myths and religious constraints on the sinful concept of suicide. The literature has laid down future directives from the perspectives of psychiatrist which helped in understanding of the implications of decriminalization.
2.International Journal of Economics, Business and Politics; Sociological Perspectives of Suicides, Elda Maloku
The author provided an extensive view on the sociological side of suicide which enabled in investigating the conditions that may accelerate into suicidal deaths. Here, the author talked about four types of suicide and helped in providing an overview of how society can be a stakeholder in prevention of suicide.
3.WHO, Preventing Suicide: A Global Imperative (2014)
The author provided the regulation of ill-effects of suicide through standard mental health approaches whereby providing a comparative study of public mental health in different countries with measure of benefits of decriminalization.
4.Decriminalization of Suicide Attempt and India’s Groundless Affection towards Section 309 of Indian Penal Code, Anish Kamal, Manupatra.
The author has embedded the questions regarding constitutionality of Section 309 with analysis on how it affects our Fundamental Rights by the way of criminalization. Also, by examining the attempts India has taken to decriminalize suicide through the Judiciary and Legislature. The constraints society imposes as a whole on the people suffering from mental agony was provided through an overview of detailed study.
5.Decriminalizing Suicide: Saving Lives, Reducing Stigma, UNITEDGMH
The author stressed on the importance on reducing the stigma around mental health by encompassing an empathetic approach which would both eradicate the obstinate societal norms which act as barrier in mental health development of individuals. The study also focused on striking the right balance between society and individuals in understanding complex causes. The evaluation of pros and cons of decriminalization through study of various international organizations were sought.
CONSTITUIONALITY OF SECTION 309, INDIAN PENAL CODE
The constitutional validity of section 309, Indian Penal Code has been challenged on the ground that Section 309 of Indian Penal Code violates Article 21 of the Indian Constitution which provides that “no person shall be deprived of his life and personal liberty according to the procedure established by law. The question that whether right to die comes within the purview of Article 21 was raised in the landmark judgement of Maruti Shripti Dubal vs State of Maharashtra .[4]The Court whereby observed that Right to Life is something more than just animal existence, it requires individual to live with dignity. The Bombay High Court applied the principle of Article 19 in this context that just as freedom of speech and expression comprises of the innate right to remain silent, similar is the case with Article 21.The Court observed that Section 309 violates both Article 21 and 14 and thus arbitrary. Section 309 treats all cases of suicide similar irrespective of evaluation of special conditions which is violative of Article 14. In Chenna Jagadeeswar vs State of Andhra Pradesh,[5] the Court considered that Section 309 was not violative of Article 21 and 14, thus cannot be considered as null. This led to another landmark judgement where the Apex Court in P. Rathinam vs Union of India, [6]considered Section 309 as ultra vires and is insensible in civilized jurisprudence as it imposes the concept of ‘double punishment’ by punishing the person who has already suffered mental agony for which suicide was attempted. However, in Gian Kaur vs State of Punjab,[7] the Court observed that right to die is inherently inconsistent with right to life, but inclusive of “death with dignity” which should not be confused with unnatural extinction of life upholding validity of Section 309. However, Criminalization of suicide is counterproductive as it does not prevent people from taking lives but stops them seeking and reaching out for help in such conditions, where one’s life is on the verge of single decision.
DECRIMINALIZATION OF SUICIDE: CASE STUDY
Suicide is considered as a crime in many countries. While most of the countries focus on the deterrence, they have failed to understand the cause of suicide and approach to uproot it from its very root. The focus should be more on the diagnosis and evaluating treatment to prevent suicide arising due to mood disorders. Suicidal behavior can be host of biological, socio-economic, frustration and mental illness or personal problems. The penalization of suicide is harsh and unjustifiable. Human rights are a sword and a shield to the act of criminalization. Hereby, the question arises on the state’s duty to provide the best possible nurture and resources so that it does not accelerate societal causes of suicide. Durkheim propounded four types of suicide namely selfish suicide through poor integration of individual into society, Altruistic suicide which is due to over-integration into community. Abnormal suicide when society is unable to integrate an individual, Fatalistic suicide when there is excessive societal control.[8]Decriminalization would improve the measurement of extent and characteristics of suicidal behavior so as to lead to prevention considering the psycho-social perspective. The need of the hour as recommended by the 210th Law Commission Report should be proper care, treatment, rehabilitation aimed at mental health regime. The Law Commission observed that attempt to commit suicide is a manifestation of “diseased condition of mind”.[9] Section 115 of Mental Healthcare Act, 2017 decriminalizes any attempt to suicide enabling the person attempting such act to be presumed under stress. This act widens the scope of mental health awareness, demonstrating an empathetic model in dealing with suicide by reducing the power and scope of Section 309. Section 124(1) recognizes exemption from punishment on the presumption of suffering from mental illness unless proven otherwise. Section 124(2) recognizes care and consideration instead of criminal subjugation.[10]The International Association for Suicide Prevention broadly classifies the governments of France, Europe, and North America has initiated steps to repeal the anachronistic law of suicide. Different countries have wide variations in suicide prevention laws. Countries like Pakistan, Bangladesh, Malaysia, Singapore have resisted the undesirable law. [11]Canada, New Zealand, England and Wales, Sweden attempted to decriminalize suicide, which provided that suicide prevention had no such effect on reduction the exponential rates of suicide rather decriminalizing it has reduced undetermined death caused by suicide.
ISSUES AND CHALLENGES
The very base of criminalization is that punishment act as a negative force against such attempt which may discourage commission of suicide. However, rates have declined after decriminalization. The penalization also emphasizes on societal regulations and norms and condemnation in regard to violation. It acts on the principle of retributive justice against the immoral act of suicide notwithstanding conditions of stress, society pressure, psychological issues of individual. There may be an argument that Section 309 is instrumental for suicide bombers, drug addicts however, there are separate laws concerning them including Narcotic and Psychotropic Substances Act,1985, UAPA and Section 306 of IPC for prevention of abetment of suicide.
Decriminalization will reduce stigma and encourage people to seek people, suicidal behavior will also be treated as public health issue encompassing community focus. Decriminalization would avoid the concept of double punishment and mental health consequences of punishments.
SUGGESTIONS
- In relation with the laws pertaining to decriminalization, we need a shift from legal to medical approach.
- The penal provision of Section 309 does not mention any sort of treatment aided approach for the survivors of suicide, overturning the provision would be towards more pragmatic and compassionate approach.
- Suicide cannot be prevented by imprisonment but rather identification of such behavior from early period, vigilance, care, treatment is a better solution.
- The base of criminal law lying on mens rea (guilty mind) is not a ground in case of suicide, therefore penalization is not rational.
- The need of the hour should be reducing the potential trauma and stigma surrounding suicide.
- Mental Health Awareness Programs must be employed in order to aware people about the causes of suicide to prevent negligence of early signs. Understanding mental health and working towards its sensitization can be an effective call towards prevention of suicide.
- The state should act a massive proponent to reduce the suicidal causes by providing mental health checkups, resources along with the other stakeholders like Family, School, Workplace which can act as effective instruments of change in attitude. Individuals should be carefully regulated from the childhood against alarming suicidal behavior.
- Since the suicidal rates cover large sections of underprivileged members of society, Government should accompany an approach to conduct free counselling sessions, mental outreach programs.
- Rehabilitation facilities with focus on creative combination of work should be focused to motivate individuals in hard times.
CONCLUSION
Suicide has been a grappling issue over the times immemorial. The context of decriminalization attempts to prevent the ill-effects of suicide and further discourages it. For a large section of the society, there has been a lot of misconceptions and stigma around suicide which makes it more difficult for individuals to seek proper help. The phrase ‘severe stress’ used in the provision of Mental Healthcare Act does not define the extent of stress which creates a huge lacuna. Section 124 states that the person shall be exempted from punishment and not prosecution which leads to several questions regarding the after-effects the survivor have to face in society through the prosecution of the authorities. However, there can be misuse of the provision, thus there is a need of systematic and careful consideration in context of delimiting the penal provisions of attempted suicide. There is also a need of proper allocation of resources and methods of mental healthcare in different parts of the country. It should be noted that decriminalization of suicide would not be synonymous as a license to die, rather an effective step to prevent unnatural deaths owing to suicide.
The Government together with individuals in community must advocate the cause of care, vigilance and support of those in pain and are compelled to commit suicide under such conditions. The absolute requirement should be the improvement of mental health awareness of individuals by taking into consideration the sensitive issues surrounding it through a framework to demystify the constraints around mental outreach program which would subsequently help people to talk about their problems and sharing the burden with proper medical assistance would reduce the attempts of suicide.
AISIKA BASU, B.A LL. B
1ST YEAR, ADAMAS UNIVERSITY.
_____________________
[1] Attempt of Suicide- Crime or Cry: Justice Shri Jahagirdar.
[2] Centre for Disease Control and Prevention and Control, https://www.cdc.gov/violence prevention/suicide/definitions.html, last visited: 12/6/2022.
[3] Gangula Mohan Reddy vs State of Andhra Pradesh 2010(1), SCC917.
[4] Maruti Shripti Dubal vs State of Maharashtra, 1986(1), BOM CR 499(1986) 88 BOM LR 589.
[5]Chenna Jagadeeswar vs State of Andhra Pradesh, 1988 Cri LJ 549
[6] P. Rathinam vs Union of India, 1994 AIR 1844 1994 SCC (3) 394.
[7] Gian Kaur vs State of Punjab, AIR 1996, 946
[8] Elda Maloku , Social Perspective of Suicide, 2020, 4(2),319,334, International Journal of Economics, Business, Politics, 320,324, 2020
[9] 210th Law Commission Report, Government of India, October 2008.
[10] Mental Healthcare Act, 2017, No: 124(1), 124(2), 115, Ministry of Law and Justice, 217(India).
[11] Decriminalizing Suicide: Saving Lives and Reducing Stigma-UNITEDGMH.
Insightful and informative ?
Good one.