A STEP TOWARDS HUMAINISING PENAL LAW OF INDIA: DECRIMINALISING SUICIDE
Author – RAVANI UKTI NAYUDU, Student at DR. M.G.R. EDUCATIONAL AND RESEARCH INSTITUE, CHENNAI
Best Citation – Ravani Ukti Nayudu, A STEP TOWARDS HUMAINISING PENAL LAW OF INDIA: DECRIMINALISING SUICIDE, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 13-25, ISBN – 978-81-960677-8-6.
Abstract
In a recent decision in Simi C.N. v. State of Kerala, the Kerala High Court absolved the petitioner of attempt to suicide. The case came to light on the discussion and approval of defence provided by section 115 of the recently enacted Mental HealthCare Act 2017. The court examined the repute of the section, stating that; The legality and correctness of the provision punishing attempt to commit suicide have always been subject matter of hot discussion in judicial circle from decades. The court discussed the role of section 115 as a measure for decriminalising suicide. The court notably discussed about the perception on decriminalisation and stated that, Decriminalisation of attempt to commit suicide is the general view of Courts and legal luminaries. Criminal prosecution followed by conviction and imposing substantive sentences and fine on those convicted of suicidal behaviours are believed to constitute an affront to human dignity. It is believed that a large section of the society considers that suicidal behaviour is typically a symptom of psychiatric illness or an act of psychological distress, suggesting that the person requires assistance in his personal and psychological life, not punishment with imprisonment or fine… What is important is to give sociological and psychological support to the victim rather than trying to punish him.
The paper provides an interconnected perspective on the decriminalisation of suicide in India by studying the causes of suicide, criminalization of suicide via section 309 IPC[1], decriminalisation of suicide via section 115 MHCA[2], questioning the constitutionality of section 309 through legislative proposals, recommendations of executive bodies, and judicial decisions, and lastly analysing the status of decriminalisation following the availability of provision through the amended legislation.
Keywords – suicide, suicide attempt, decriminalisation, section 309 IPC, section 115 MHCA
[1] Expansion – Indian Penal Code
[2] Expansion – Mental HealthCare Act (amended legislation of Mental Health Act 1987)