Decriminalization of Attempt to suicide
The
Government has decided to drop section 309 of IPC. 309 is the section which
Deals with attempt to suicide. It is a news of today but then our media is more
interested in conversion and Re-conversion of some people so I am trying to
bring forward this news to all through this blog.
This
step of government has been mostly welcomed as this law is concerned as
draconian and anachronistic law. A brief history of Indian law upon this
subject will tells a different views. In the 42nd report in 1971,
the Law Commission recommended for repealing of this section and a bill was
passed in Rajya sabha in 1978 regarding the same but it could not be passed
from lok sabha.
In
the 1994 Supreme Court in the case of P. Ratinam[1] said that this section is cruel and irrational and also
violative of Article 21 of the Constitution. But then in 1996 the
Supreme[2] Court reversed from this
stance and said that the Section is constitutionally valid and it should be
present in the Statue Book. After this interesting the Law commission in 157th
Report said that yes there is no problem if the section stays intact in the
Statue book. Now once again Supreme Court in 2011 in Aruna Shaanbaug[3]
held that Parliament should delete this provision as the time has come to
remove this anachronistic law. And Now in the 210th Report, law
Commission suggested that Attempt to Suicide should not attract punishment
rather treatment and Compassion. One thing which clear from this brief history
is that the legal luminaries of the country were always in the state of
confusion and could not reach to a consensual conclusion regarding the validity
of this section 309.
As
far I am concerned, somewhere in the Heart I am happy although I am
apprehensive of the repeal of the section.
I
am happy because when any person goes on to kill himself, he does not do the
act because he is happy but because he/she is depressed, could not find any
other solution and he has pain which should be understood rather than punished.
You should not punish somebody’s pain and grieve.
But
then I am Apprehensive because of two reasons: 1) there is this tradition in
our country which has been used regularly i.e. Fast unto Death. Now on
what grounds will you stop these person who voluntarily without any pain and
sufferings for some political mileage or even for the genuine interest of the
public goes on for fast. Secondly Suppose a person who goes on to murder
somebody and the victim lives then couldn’t it be possible that he will be
pressurized to say to the officials that it was attempt to suicide rather than
Attempt to Murder.
Any
act which is being considered offence from a long time is not to be removed carelessly
and I must say that before coming to a conclusion a detailed survey regarding
this very issue is needed.
Both
of these conditions are possible in the society, now I would pray that the
Govt. comes with an amendment which covers all the aspect because this
provision needs special care (which can be seen from its contrasting History).
I
am planning to come up with a full fledge article on this issue which will be
available to you all very soon.
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