IPC SECTION 309 (IS SUICIDE A CRIME ANY MORE?)
IPC SECTION 309
Author : Prapti Derasari
Globally 800,000 people die from suicide every year that is twice the number from homicide. Suicide is one of the foremost causes of death in young people. We all are aware by the term suicide, i.e. the act or an intense of taking one’s own life voluntary or intentionally.
If, I talk about most resent and running topic of suicide, then only one name comes i.e. suicide of Sushant Singh Rajput’s case. On 14th June, 2020 he was found dead hanging from the ceiling fan at his home Bandra, Mumbai. The case has been shifted to the Supreme Court. Let’s wait for the final order. The reason behind his committing suicide is depression. I have taken this as example, because it is hot topic. But daily there are so many people who commit suicide in our country. Suicide is a thing, which mainly occurs with the people who are mentally or physically depressed or running through some sort of tension. Not only these two reasons, but the cases of suicide has from so many reasons.
If we talk about the teenage age, the suicide ratio has increased by fifty percent. By forcing students to do their best in exams, and pressure of competition among the students they are being forced by their parents, so that, they are always on the top and can maintain their prestige in the society, and can build up their reputation, as a result of which students or children takes tension and that fear of getting low marks put them into trouble, and they commit suicide. Another category falls at collage level. Pressure of going into IIT collages or pressure of studying in a particular field again make them one step forward toward coming suicide. Another phase which has been raised equally is fear of not getting proper jobs. Girls who have become victims of rape or being physical abuse, are committing suicide. All these above discussed issue are making persons to fall in depression as a result, they commit suicide. Partiality between siblings, after marriage issues, poor parents which are thrown out of their house by their children’s, poverty, discrimination, loneliness, getting biased, harassment, torture, poor in education, etc are various more reasons of committing suicide.
The mindset of people has become so weak and full of stress, that they only think of ending their life. By looking into the matter of increasing suicide, section 309 of IPC was amended. Section 309 of IPC states:
Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may be extended to one year or with fine, or with both.
Though, after the implementation of this section many ups and downs came into picture. The debate regarding this subject was started in 1996 in Gian Kaur v. State of Punjab, in which it was argued that S. 309 of IPC violates A. 21 which held that every individual has a right to live. People started arguing that if the people have right to live then we also have right to terminate our life. So many points were raised on section 309 of IPC. If section 309 is for the betterment of human body, then the chances of misleading by these section increases. Here punishing an individual for attempting suicide would be more harm than good. The people who are committing suicide due to social, economical, political or whatever different reason, they did not to be imprisoned for the suicide. Instead, they need a proper treatment by psychologist. It is the psychological state of an individual that is the most important in determining the intention to end his or her own life. Thus, putting them behind the bars will result into adverse effect on their minds.
On 7th April, the Mental Heath Care Act, 2017 had been came into existence. Section 115 of MHCA mentions the presumptions of severe stress in case of attempt to suicide. Later on 210th report of the Law Commission of India titled humanization and decriminalization of attempt to suicide. And thus, by now, a little hope towards the advancements of different NGO’s, getting funds from the government, crowd funding has established for the welfare of people. Hence, this was not the end of the topic. The issue of removing section 309 have come up with so many voices. On June 03, 2018, NDTV has mentioned one of the headlines by the mane of Government Decriminalises Suicides, Notifies New Law. As per the government, it has duty to provide proper care and treatment towards its nation and by implementing section 309 of IPC, it harms the people most. Suicide victims commits suicide due to loneliness and depression, if we will apply section 309 towards them and punish for the same then instead of coming out of there disease they will suffer more. Thus removing section 309 is significant. Attempting suicide is no more crime in India, and there will also be no more electric shocks for mentally ill children was mention in mental health care act 2017 which was notified by health minister on may 29. The act states that each and every person whether mentally ill or not have right to live life with dignity, thus instead of applying section 309, mental health care act will be more appropriate. Thus, section 309 also increases the chances of misusing the most. For example, forcing or blackmailing someone for doing suicide and as a result applying section 309 is unfair. Section 115(1) and (2) of MHCA says that any person who attempts to commit suicide will not be liable for punishment under section 309 of IPC and appropriate government has duty to provide proper care and treatment to all persons who are suffering from stress.
However, can we believe that this section 309 has been totally removed from the society? No! The act is clearly implemented on police force across the country. June 8, a runaway couple allegedly attempted suicide at Askoknagar police station in Bengaluru by consuming hair dye. Local media put this under section 309 can it be?
I would like to conclude my topic by saying that if the reason behind person committing suicide is personal then tries to solve it rather than ignoring it. If the reason for committing suicide is social i.e. related to equality or discrimination (something that is played in general) then, the requirement of amending strict laws is necessary. I am not against or in pro of any type of sections or acts. I just want to be on the side of someone who finds the proper solutions or control behind the suicide. Awareness and knowledge regarding, ‘importance of our precious life’, should be given at school level. More development toward study of psychology should be increased. State should take proper responsibility in giving proper treatment to people who are suffering stress, anxiety, mental disorder, depression, etc. mental hospital should be developed and maintained properly. Thus, one step forward can save many lives. Suicide doesn’t kill people, sadness kills them.
“When you feel like a giving up, just remember then reason why you held on for so long.”