SUCIDE – A CRIME OR RIGHT BY Trapti pareek

WHAT IS SUICIDE?

Suicide is an act of killing yourself, most often as result of depression or ther mental illness. It is an willful or voluntarily act of an person who understand the physical nature of an act by it to accomplish the result of self destruction.

We can see people stressed, anxious, under pressure due to their financial, mental ,health problems. Especially ,Young high school students are forced to enroll in coaching factories, where they prepare for exams to get into prestigious institutions like IIT. Students follow rules and study schedules that leave them feeling depressed.
As they put all their efforts to crack that exams. Due to these pressure and stress some people tried to commit suicide. We see many cases not only in India but all over the world. In India many students has tried to commit suicide because they fail in exams after many attempts. And some people tried to commit suicide because of their financial problems , health problem and relationship problems. Every year we can see people are commiting sucide and tried to commit suicide.

But the Question is that SUICIDE IS A CRIME OR RIGHT?

Right to life, which is described under Article 21 of the Constitution also aids in giving citizens a right to live a life of dignity. A life with full control over it is supposedly guaranteed by the Constitution. The conflict, however, begins here. Liberty is guaranteed to an individual but no such right is given to end his life with his own will.
We cannot said that suicide is a crime because it is related to mental stress and there is no guilty mind behind it.

The Central Government has accepted the recommendation of law commission of India to abolish section 309 of Indian Penal Code Relating to attempt to suicide. Our 18 states and 4 union territories are in favor of abolishing section 309 and the rest of the state has been talked about some aspects to more clear.
The law commission of India which has submitted its 42th report in 1971 recommended its abolition and in 1978 the bill related to it is also passed in the rajya sabha but due to dissolution of Lok sabha it did not get passed.

In P. Rathinam v union of India, Case the Sc had also said that section 309 of the IP

C had clearly Violates the Article 21 of the constitution, which means that the right to commit suicide should not be a crime. Supreme Court said Article 309 is the violation of Article 21 of constitution.

In 1997 Sc Said in Gian Kaur V State of Punjab held that Section 309 is not the violation of Article 21 because article 21 is a “Right To Life” and,“Right To Life” does not include the right to die. In this decision , the law commission of India agreed and present its 156th report and in 210th report , the Law commission of India recommended the removal of section 309. So the report of law commission which has been expressed from time to time by the supreme court, it is important to remove the section 309 of IPC.

In some countries where suicide has been accepted as a crime while most of the countries remove the Attempt to suicide as a crime there are only few countries where suicide isincluded as an attempt to commit suicide.
The law has its take on suicide, but it is silent on exploring the state of mind of a suicide survivor. The law mostly restricts itself to understand mens rea of the survivor. But nothing has been stated explicitly about healing the mind of such a person. The irresistible thought of suicide is the product of diseased mind.
CONCLUSION
Right to life, with a right to live a life of dignity does not certainly mean to live a forced life. Decriminalizing attempt to commit suicide would not actually result in increase in number of suicides but would only encourage the survivors to seek help. “Right to live would, however, mean right to live with human dignity up to the end of natural life. Thus, right to live would include right to die with dignity at the end of life and it should not be equated with right to die an unnatural death.
Thus section 309 as a law should be amended suitably keeping in view the kind of people who attempt suicide. The section should be amended to punish only those who try to escape punishment due to other criminal liabilities excluding those who attempt it out of sheer frustration, depression or due to living in such circumstances that would invoke suicidal thoughts.

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