Swami Sadashiva Brahmendra Sar (Nil) 23 April 2009

Decriminalization of attempt to suicide

Dear friends , Law commission in its' 210th report has recommended to repeal s. 309 of IPC (attempt to suicide),alleging it being violative of Art. 21 of the constitution of India.in many cases the provision really seems barberic. but is it proper to completly decriminalise the attempt to suiside? even in religious teachings , suiside has been always considered as a sin. no doubt , stress level in general public is increasing and there seems no remedial efforts by the legal or social system to control it. repeal of s. 309 will certainly enhance the suisidal graph. I invite your views for a balenced solution.will this amendment not be in contradiction with fundamental duties?

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5 Replies

ritu bhadana (advocate) 23 April 2009

Suicide is the act of voluntary and intentional self-destruction.the severe amount of mental trauma caused to a person when he takes such a disastrous step can only be understood by that person himself.when a person tries to commit suicide he or she is in a drastic unstable mental condition for which punishment under criminal law will be barberic..........in my opinion such a person rather must be given counselling.

However, anyone found guilty of counselling another to take his or her own life or of aiding a suicide must be liable for imprisonment.

i agree with the law commission's view that "attempt to suicide may be regarded more as a manifestation of a diseased condition of mind deserving treatment and care rather than an offence to be visited with punishment."

Manasi Save (Legal Practioner) 23 April 2009

Such kind of recommendation that is repealing 309 IPC cannot be accepted in toto. If such trend is followed then we have to even allow mercy killing (Euthansia) which will open floodgates to grey areas which will be beyond the scope and control of law.

Swami Sadashiva Brahmendra Sar (Nil) 23 April 2009

thanks mansi for comments.

B.N.Rajamohamed (advocate / commissioner of oaths) 24 April 2009

Mr.Tripathi's comments inreligious view is absolutely correct. If the section 309 of I.P.C is repealed there will be more cases of attempt to suicide even by the school children who have failed in their examinations . Similar step was taken in the year 1996 by that was restored. Even if it si supportive as remedy for stress unmaintainability it will lead to a cowardise result as a solution to solve problems which remain unsolved.

When a person is indebted due to his failure to repay he may commit suicide, then what is the positiion of the creditors? it is very difficult to get back the money thrugh the heirs as recovery from the heirs through civil suit is a painstaking ordeal.

Repealing section 309 will have a drastic social impact which the government has to consider. Right to life must not be allowed to be enjoyed with a barbaric intent.

Swami Sadashiva Brahmendra Sar (Nil) 24 April 2009

thanks mr. rajamohammed ! I tthink that this is very critical issue for socio-legal discussion. this involves each and every aspect of life especially, psycological,economic and spiritual.