This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
Meaning
The literal meaning of the word suicide is killing one’s own self.
The section 309 of Indian Penal Code, 1860 gives the punishment for attempt to commit suicide. It states that, “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.”
It states that any person whosoever, if attempts to commit suicide, i.e. tries to kill one’s own self, is liable for simple imprisonment or fine.
It is an attempt to suicide which if successful, turns out to be suicide, otherwise remains at the podium of attempt. Suicide if successful is not punishable in Indian Law as one cannot punish someone who does not exist. But attempt to suicide is punishable. It is to make that person realize the wrong which he/she has tried to commit.
Attempt to suicide is punishable. But what is the meaning of the word attempt?
Attempt- It means a direct act towards the commission of an offence but the accused failed to produce the desired consequence due to some intervening cause beyond his control.
Case laws
The law related to suicide has been explained by the Courts at a number of times by passing judgements.
1. P Rathinam V. Union of India, 1994
The Hon’ble Supreme Court in this case held that punishment for attempt to suicide is violative of Right to life as it amounts to double punishment. it specifically mentioned that women who attempt to suicide after abuse cannot be held criminally liable for it. And section 309 of IPC was held to be unconstitutional.
2. Gian Kaur V. State of Punjab, 1996
In this case, a five judge bench overruled the judgement in P Rathinam and held Gian kaur and her husband liable under section 306 of IPC, which prescribes punishment for abetment to suicide. The court held that Right to Life does not includes Right to Die. And section 309 to be not unconstitutional.
3. C.A. Thomas Master V. Union of India,2000
The kerala High Court in this acse, dismissed a writ petition wherein a citizen wanted the government to open Voluntary Death Clinics for facilitating voluntary death.
4. Aruna Ramchandra Shanbaug V. Union of India, 2011
Aruna was in a Persistent Vegetative State as she was sexually assaulted in the year 1973. Her friend filed a petition in the Supreme Court asking it to direct the hospital to stop feeding her and allowing her to die peacefully. The court appointed a committee to look into the condition of Ms. Aruna and as a result, the court rejected the petition of mercy killing and upheld the Right to Life.
Mental Health Act, 2017
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29 May 2018. The act effectively decriminalized attempting suicide which was punishable under section 309, IPC. The law was described in its opening paragraph as “An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto. This Act superseded the previously existing Mental Health Act,1987 that was passed on 22 May 1987.
5. Common Cause v. Union of India, 2018
The apex court gave a landmark judgement giving way for passive euthanasia. Euthanasia means good death. It is of two types- passive and active. Active euthanasia is illegal in India as it includes giving overdose to fasten the death of somebody but passive euthanasia is allowed as it means allowing the patient to die and not killing him.
The five-judges’ constitutional bench comprising the Chief Justice of India, Mr. Justice Dipak Misra, Mr. Justice, A.K. Sikri, Mr. Justice A.M. Khanwilkar, Mr. Justice D.Y. Chandrachud and Mr. Justice Ashok Bhushan concluded that a person of competent mental faculty is entitled to execute an advanced medical directive. Court held that the fundamental right to live with dignity is inclusive of the Right to Die with dignity. If a person at the time of good mental health makes a will that if ever in his/her life, a situation arises that he/she cannot live without support system, the doctors should give him passive euthanasia.
Conclusion
Right to life does not include Right to die. Attempt to suicide is an offence in Indian Law and punishment is given for that but with time passive euthanasia has been allowed by the Courts. The laws related to suicide have been mainly expressed by the Courts with the help of cases overtime. The punishment has been replaced by some medical treatment as given under Medical Care Act,2017.
References
Indian Penal Code, 1860
KD Gaur Criminal Law
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