Mixed reaction to government decision on decriminalising attempt to suicide charge

With the Centre's nod to do away with section 309 of the Indian Penal Code (IPC), there has been mixed reactions among the legal, police and medical fraternity on whether attempt to suicide should be dropped or continued to act as a deterrent.

Former director general of police, Dr PS Pasricha, said "I think it was high time to think rationally. It's essential to understand that people who take to suicides have enough going on in their life; they are victims of chronic depression and undergo severe mental trauma. Punishing them for their conscious decision of ending their lives would be just adding to their woes. It is their 'Right to Life' after all."

However, senior advocate Majeed Memon said: "Section 309 of IPC is a singularly unique offence where if the offender succeeds in committing the offence he will not be prosecuted and it is only when he fails that he is liable to be prosecuted. Scrapping of the section may result in increase in number of cases of suicide because any person who seeks to end life will have no fear of law. Government would do better if it explores ways and means by which people can be prevented from being driven to commit suicide."

The Law Commission in its report noted that suicide is one of the important factors contributing to premature or unnatural end of precious human lives. It is a global problem and the World Health Organization has, in regard to attempted suicide, expressed the view that punishing with imprisonment a behaviour consequent to either a mental disorder or a social difficulty gives completely a wrong message to the population.

In advocate Raja Thakare's opinion: "It is good that the section is decriminalised. Anyway, it was not effective as the punishment was not very stringent. It did not act as a deterrent either as "one who is not afraid to die will not be afraid of law".

On the other hand, Dr Harish Shetty, psychiatrist with Dr LH Hiranandani Hospital, said: "The decision will give suicide/depression the same importance that dengue or heart attack gets. This will also help more non-psychiatric consultants refer depression cases freely. With the shame of suicide off, there will be more awareness on how to prevent suicides. Cops too will have less work."

Dr Heena Merchant, secretary of Bombay Psychiatric Society, said: "It is a double-edged sword. While we welcome the government's decision, it is also true that for some patients, the section acted as deterrent factor. "

The punishment under the section is simple imprisonment for a term which may extend to one year or with fine, or with both. Former IPS officer, YP Singh said "The decision just impedes the non-functional sections which were declared illegal by the Supreme Court long back under Article 21 of the Constitution of India. Good it clears the confusion of policemen who in their ignorance were registering cases and booking offenders under Attempt to Suicide which was plain unconstitutional. The only consequence the cops might face would be deterring the hunger strike agitators."

However, a different view is being taken by family court lawyers who depended on suicidal tendencies as a ground for seeking divorce. Advocate Paresh Desai said: "Of course it is a good move but family courts have ruled that suicidal tendencies or attempting suicide is a form of cruelty and can be a ground for divorce. This may have to change now."

A life in every 4 minutes
Every year, approximately one million people commit suicide around the world, while in India, every four minutes a person takes his life. Majority of the people who commit suicide in India fall between the age group of 15 and 44 years.

India, Pakistan, Singapore, Bangladesh and Malaysia were the only countries which continued criminalisation and did not see it as a mental disease. It was only in 2008 that in the 210 Law Commission report decriminalisation of attempt to suicide was strongly recommended to the government.