By Ghanavi Umesh
---
The
World Suicide Prevention Day is observed on 10 September every year to bring
about awareness and initiate measures to prevent suicide. The day is hosted by
the International Association for Suicide Prevention in collaboration with the
World Health Organization and the World Federation for Mental Health. The theme
for this year was ‘Working together to prevent suicide’.
Every year, approximately 800,000 people die due to suicide in the world. Suicide rates are the highest in the age group of 15-29. For every suicide death, there are at least 20 people who are attempting suicide. Further, the suicide rate among men is much higher than that among women.[1] Suicide deaths in India are one of the highest in the world making up almost 34% of all the suicide deaths in the world.[2] In spite of suicide being such a worrying issue, mental health problems and suicide still remains a taboo in societies world over.
Section
109 of the Indian Penal Code criminalized an attempt to suicide with a
punishment of up to a year in prison or a fine, or both. The rationale behind
making this a punishable offence in 1860 was that during the British rule,
killing or attempting to kill oneself was a wrong against the sanctity of human
life and hence a crime against religion. Further, it was believed that only the
state had the monopoly of claiming a person’s life (by way of the death
penalty) and hence an attempt to suicide was a crime against the state as well.
Popular
belief in India and most other parts of the world, is that people who try to
commit suicide are attention seekers or are cowards who cannot face the
difficulties of life. Research over the years has shown that people who try to
commit suicide are the ones suffering from severe trauma and mental health
issues. According to section 115(1) The Mental Healthcare Act of 2017 which
came into force in July 2018 stated that people who attempt suicide are to be
presumed as suffering from mental health issues and must not be tried and
punished under section 309 of the IPC. Section 115(2) of the MHCA 2017 further
puts the onus of providing care, treatment and rehabilitation to such people on
the appropriate Government to prevent the risk of recurrence of attempt to
commit suicide. It is important to note that the MHCA 2017 did not repeal s.
309 which still remains in the IPC.
There
have been attempts in the past to decriminalize suicide. Law Commission Reports
and the Supreme Court have suggested to remove s. 309 from the IPC. There was a
bill in 1978 to remove s. 309 but the Parliament was dissolved before the bill
could be passed. None of these have however been successful and s. 309 remains
in the IPC despite the provision in the MHCA.
The
police do not seem to have been apprised of the provisions in the Mental
Healthcare Act and there have been several cases when people who attempt
suicide have been booked under s. 309. The charges are then dropped after
consulting senior police officers. Hospitals and families alike try to hush up
suicide attempts for the fear of police action and the societal stigma attached
with suicide and mental health. This in turn, does not allow the victim to seek
the required professional help leading to further deterioration in the victim’s
health.
The
police officers however have a different opinion on the decriminalization of
suicide. There are some people who show up in government offices and threaten
or try to kill themselves if their demands are not met. Such people only try to
coerce the government officials without an intent to actually commit suicide.
In such cases, s. 309 is the only way the police can take action against such
people. They hence opine that s. 309 of the IPC must be amended in such a way
where it can used in law and order situations but not against people suffering
from mental health issues.
Suicide
and mental health issues are being talked about these days more than it used be
earlier. It is important to spread awareness among people about the seriousness
of mental health issues and encourage people suffering
from such problems to seek help. The first step in this direction would be in
amending or repealing s. 309 since police action and imprisonment of a person
who wants to end their life is only going to add to their woes. Further, mental
healthcare must be made more accessible and affordable. More importantly, people
in the society must co-operate with such victims because empathy can help a lot
in the improvement of their mental health.
If you are or you know someone who is suffering from
mental health problems and/or are having suicidal thoughts and/or have
attempted suicide, please reach out to these helpline numbers.
Fortis
24x7 Stress Helpline: +9183768 04102
iCall: +91 22
2552111; +91 91529 87821
Vandrevala
Foundation (24x7): +91 730 459 9836; +91 730 459 9837; 1860 2662 345
---
Ghanavi Umesh is a 2nd year student at National Law University Delhi. She has a keen interest in Constitutional law, Environmental law and Intellectual Property law. She is also interested in Economics and Philosophy. One can either find her reading something or bingeing on a TV show in her leisure time. She also loves painting occasionally.
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