Introduction:
In this context, the continued classification of “attempt to commit suicide” as a crime under the Indian Penal Code (IPC) of 1860 is seen as irrational. Section 309 of the IPC prescribes
penalties for individuals who attempt to take their own lives or engage in acts that may lead to
such an outcome. However, it is essential to recognize that the IPC was formulated in a different era when mental health was not a central concern. In the present, mental health issues are receiving increased attention, particularly due to the detrimental effects on mental health by the recent pandemic.
In 2017, the government finally recognized the need for reform regarding Section 115 of the
Mental Healthcare Act, marking a commendable acknowledgment that prosecuting and
penalizing individuals already in distress is inhumane. However, rather than resolving the issue, Penal Code further complicates the matter. While Section 115 of the Act assumes the innocence of individuals attempting suicide and prohibits their prosecution and punishment, Section 309 of the IPC
“Section 309. 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 4 [or with fine, or with both.]”
There is little justification for penalizing an individual who has chosen to end their own life, as this decision is often a result of severe mental suffering and not a rational choice.
This research aims to analyse how the Indian judiciary has interpreted various landmark
judgments related to Section 309 of Indian Penal Code, which criminalizes the attempt to
commit suicide. Despite conflicting with the constitutional right to life (Article 21) and the
provisions of the Mental Healthcare Act, 2017, this section continues to impose penalties on
individuals attempting suicide.
I. Attempt to Commit Suicide:
1. Definition and Historical Context: The act of attempting suicide has long been a complex and sensitive issue globally. The historical criminalization of suicide reflects societal attitudes that have evolved over time. The Mental Healthcare Act, 2017, marks a departure from this historical approach, seeking a more compassionate and understanding stance.
2. Legal Framework and Section 309 of IPC: Before delving into the Mental Healthcare Act’s provisions, it is essential to understand the legal landscape pre-2017. Section 309 of the Indian Penal Code (IPC) criminalized attempted suicide, subjecting individuals to potential legal consequences. The implications of this legal provision were far-reaching, affecting not only the legal system but also perpetuating societal stigma around mental health challenges.
II. Severe Stress and the Mental Healthcare Act:
1. The Presumption of Severe Stress: Section 115(1) of the Mental Healthcare Act introduces a unique perspective on the mental state of individuals attempting suicide. It establishes a rebuttable presumption wherein an individual attempting suicide is presumed, unless proven otherwise, to be undergoing severe stress. This presumption is a pivotal aspect of understanding the person’s mental state and is specifically focused on the presence of severe stress.
2. Autonomy and Separation from Prosecution: Crucially, the Mental Healthcare Act’s language, particularly in Section 115(1), introduces an autonomous and self-contained framework. This framework involves two separate mandates, both commencing with the term ‘shall.’ The first mandate establishes the presumption of severe stress, while the second indicates the exemption from prosecution. These clauses operate independently from each other, with the crucial distinction that the exemption from prosecution does not rest upon the presumption of severe stress.
III. Decriminalization and Legal Implications:
1. Significance of Autonomy: The autonomy established by the Mental Healthcare Act is pivotal in understanding the decriminalization of attempted suicide. By separating the presumption of severe stress from the exemption from prosecution, the Act emphasizes that individuals attempting suicide are exempt from legal consequences, irrespective of the confirmation or refutation of the presumption.
2. Legal Implications for Mental Health: The shift towards decriminalization has profound implications for mental health legislation and the broader legal landscape. It signifies a recognition of the need to prioritize mental health as a public health issue rather than a criminal one. This change aligns with global trends emphasizing the destigmatization of mental health challenges.
IV. Challenges:
1. Ambiguity in Severe Stress Determination: While the Mental Healthcare Act takes significant strides in decriminalizing attempted suicide, challenges arise in determining and proving severe stress. The subjective nature of mental health assessments raises concerns about consistency and fairness in applying the presumption outlined in Section 115(1).
2. Societal Attitudes and Stigma: Despite legal advancements, societal attitudes towards mental health challenges remain a significant hurdle. Stigma associated with mental health issues can deter individuals from seeking help, perpetuating a culture of silence and hindering effective mental health interventions.
Conclusion:
In conclusion, the analysis of the current legal framework concerning attempted suicide in India exposes a range of significant problems, including the failure to address mental health concern adequately and the lack of respect for individual autonomy and the right to protest. While the call for the removal of Section 309 IPC is justifiable; it is clear that mere decriminalization falls short of addressing the law’s inherent ambiguities, notably those arising from Section 115 of the Mental Healthcare Act. To comprehensively address this issue, India should move beyond mere decriminalization and establish a national suicide prevention policy, acknowledging the complex factors contributing to suicidal behaviour and aiming to destigmatize mental illness while promoting help-seeking over self-harm. This approach is supported by international examples and the guidance of organizations like the World Health Organization,20 emphasizing the need for a holistic strategy to reduce suicide attempts. Key focus areas for India’s policy should include improved access to mental healthcare, mental health awareness among youth, collaboration with civil society groups, restricting access to suicide aids, and launching public campaigns promoting mental well-being. Ultimately, it is crucial to remove Section 309 IPC and Section 115(1) of the Mental Healthcare Act to create a more humane legal framework that considers mental health as a vital factor in leading a fulfilling life and not subjecting individuals to harsh punishment for their suffering. The emphasis should be on protection and care, not punishment.
References:
1. (De-) criminalization of attempted suicide in India: A review by Rajeev Ranjan, Saurabh Kumar, Raman Deep Pattanayak, Anju Dhawan, and Rajesh Sagar NATIONAL LIBRARAY OF MEDICINE (NIH) Ind Psychiatry J. 2014 Jan-Jun; 23(1):4–9. Ashok Kini, “[Attempt to Suicide] Constitutional Validity of Section 309 IPC and Flip Flops by Supreme Court and Law Commission”, LIVE LAW, 13 September 2020.
3.https://www.lawctopus.com/academike/decriminalization-attempt-commit-suicide/
4.https://thewire.in/health/why-the-risk-of-prosecution-should-be-removed-from suicide-attempts
5.https://www.researchgate.net/publication/341457953_India’s_Mental_Healthcare_Act_2017
6. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4261212/
7. https://en.wikipedia.org/wiki/Section_309_of_the_Indian_Penal_Code
Done By: Reshma A, 5th year B.Com.,LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
