This article has been written by Ms. ROSHANI CHAUDHARY studying B.A.LL.B(hons) at UNIVERSITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR.
Attempting suicide is a serious issue. It generally happens when someone is under immense pressure of study, work load, family problems, career tensions. In India, majority of the cases are of students of age 18-25. These are the years of enjoyment but they are too much under pressure that they think ending their life is the only option. It takes a lot of courage to end your life but when you are suffering with depression and anxiety, you only think to end your life without thinking what will happen to their loved ones. I have done by schooling from Kota and that place is very well known as IIT-NEET hub but also as SUICIDE HUB too. I have seen many students ending their life just because they are not getting ranks or can’t able to perform well in class test. I agree that parent’s expectations are really high but they really don’t want their child to end his/ her life infront of their eyes. Anxiety, depression, mental health are the most prominent reasons which make an innocent child suffer a lot and then end to lost his/ her life.
Many farmers are there who are not able to repay their loan attempt suicide. They become so helpless that they end up to attempt suicide. This is so devastating to see them hanging. I agree their problems are really big for them but ending life can’t be their option. Even there are cases where farmer’s crop are getting destroyed due to bad weather and they commit suicide. There are plenty of reasons to en life but you have to find on strong motive to live your life to fullest.
Section 309: attempt to suicide
Whoever commits 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 fine or with both. A key element of this section is the “intention” of the offender. Danger to life caused by distraction is not to be considered under this section. Attempt by the offender must be intentional. Section 309 state to punish a man who has failed in his attempt to commit suicide. It is a cognizable offence and it is bailable. This offence is triable by any magistrate. Offence is not listed in compoundable offences.
Legal scenarios:
- Accidental or unintentional: If A throws herself in the well with an intention to die by suicide then, A is punishable under section 309 of IPC.
If B overdose of poison by mistake then B is not punishable under section 309.
- Protest or hunger strike: if a person openly declares that he will fast unto death and refuses to all nourishment until a stage when he may collapse at any moment, then there is an imminent danger of death ensuring, and he would be guilty of an attempted suicide under section 309 of IPC.
Case law: Ram Sunder v State
- Mental illness: Those who attempt suicide on account of mental disorder require psychiatric treatment and not confinement in the prison where their condition can get worsen instead of improving. A punishment cannot be an option to serve a person who has committed suicide due to mental illness.
- Euthanasia: In case of Aruna Ramchandra Shanbaugh v Union of India allowed “passive euthanasia” of withdrawing life support to patients in a permanently vegetative state but rejected out rightly active euthanasia of ending life through the administration of lethal substances.
Constitutional dilemma: Right to life v right not to die:
Section 309 seeks to punish a man who has failed in his attempt to suicide. In case of Maruti Shripati Dubal . Bombay high court struck down section 309 as it was ultra vires and article 21 guarantees right to life and personal liberty. As right to life also includes right to end one’s life if one desires so. However, in Chenna Jagadeeshwar case, the court held that right to life doesn’t necessarily include right to kill oneself which is an offence under IPC.
These opposite judgement created a very peculiar situation in the society. In case pf P. Rathinam/ Nagbhusan Patnaik, apex court called section 309 as cruel and irrational provision which is violative of Article 21 of the constitution.
Court observed that right to life includes right not to live forced life. The court also said that a person who attempted suicide doesn’t deserve to be punished by sending them to prison. This type of treatment can worsen their condition. Court held that those people should be treated softly and should be provided counselling sessions with a psychiatrist and positive attitude should be shown towards them.
Conclusion:
Supreme court overruled the judgement given in case of Maruti Shripati Dubal v The state of Maharashtra and P.Rathinam v Union of India. Where section 309 of IPC was held unlawful. The court maintained section 309 of IPC not violative of article 14 and 21 of Indian Constitution. It cannot be declared null and void. But if someone is unable to take care of himself/ herself and lost the desire to quit the world then it would be morally wrong to compel such a person with harsh treatment by putting that person in jail.
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