SHOULD SUICIDE BE LEGALIZED

The alarming rate of rise in suicide attempts and increase in the rate for people putting an end to their life
has called for a big debate whether the time has come to legalize suicide in india and to remove it from
the list of punishable offence.

Constitutionality of Section 309 of the Indian Penal Code 1860 has always been a debatable matter in our
indian jucidial system where different courts holds different views on this matter

Under Article 14 of the indian constituion states that

"The state cannot deny to a person equality before the law or equal protection of the law".

Under Article 21 of the Indian constitution states that

" That no person can be deprived of his life or personal liberty except according to the procedure
established by law".

The section 309 Indian penal code punishes the attempt to commit suicide as a punishable offence
with a simple imprisonment of one year or fine or with both which actually voilates the provison of both
thr article 14 and 21 of the indian constitution. It was observerd that every fundamental right has both a
negative as well as positive aspect as fundamental right for example provides us with both freedom of
both speech and expression as well as freedom not to speak and remain silent, freedom to move along
as well as freedom to stay at a particular place. If we follow this logic then article 21 of the indian
constitution which provides freedom to life but also not only confined to physical existence but also with
human dignity. If a person cannot live with human dignity then he must be provided with right to die
and should not be made a punishable offence under section 309 of Indian Penal Code.

What are main reasons to that force people to commit suicide?

The recent research shows that what are the main the reasons for rise in attempt of suicide in india
among males and female and different age groups. the major reasons that suggest the main cause for
the suicide attempts is mainly due to psychiatric illness, mental disorder and depression.other major
causes for suicide attempts are childhood sufferings such as sexual/physical abuse , alcohol or drugs,
financial insolvency, unexpected stressful events in life mainly loss of job relationship etc. such people
are in urgent need of psychological help rather than sending such people behing the bars.

A person only commits suicide because of over emtionalism. It is irony that even in such a scenario we
still follow the provision of section 309 of our penal code. Today where the world is accepting the
Euthanasia and we still follow the trend of treating suicide victim as a criminal .At the time where
person needs a help from a psychiatric he has been send to jail along with the othe criminals. Now the
time has come that court has to remove laws such as section 309 of ipc and huamnize aur penal laws . as
it is cruel to to punish the person who is already been suffering from agony and will further suffer
because of the failure of committing the suicide. An suicide is never been said that it is against the
religion,and public policy and further does not cause any harm and interfernce with other personal
liberty.

RELIGIOUS VIEW

India being a country where a large no of religion are being followed and terms itself as a secular state
has never come upon a single view in suicide as some of the religion still supports suicide and do not
want it to be treated as a offence while some still feel it as a sin in our society.
Despite many religion are prohibiting suicide hinduism also considered its as sinful as commting a
murder as consider in hindu religion that committing suicide will lead oneself to be a part of spirit world
and wandering on earth.But in certain cases hinduism and jainism accepts a person right to death
through non voilent practices like Prayopavesa and santhara but it is mainly reserved to those people
who hav no desire and ambition left to live their life. Even in the other religion such as christanity suicide
has been treated as a "sin" in sixth commandament which tells "thou shalt not murder" which means
that taking a life of a person voilates the law framed by the god which even applies on oneself.
Islam is also against suicide as the holy Quran forbids suicide as it says " do not kill or destroy
yourself". Judaism emphasis on importance of ones life and treats suicide as tantamount to deny
god's gift.

SUICIDE LAWS IN OTHER COUNTRIES

Australia
It longer treats suicide as crime but a survivor of a suicide may be charged with a manslaughter
and treats abetment to suicide as crime.
Ireland
suicide is not a criminal offence in Ireland as they do not treat self harm as suicide but assisted
suicide and euthanasia is still illegal as on 2014.
Malaysia
Section 309 of penal code of malaysia treats whoever attempts to commit suicide does an act
towards the state and such should be treated as offence which may extent to one year or fine or
both.
Netherlands
In Netherland suicide or assisted suicide is not treated as a crime but to participate in execution
and prepration of suicide is treated as an offence.
North Korea
North Korea has a one of the most peculiar law against suicide as suicide vixtim along with their
relatives are also penalised.
Norway
Suicide or attempted suicide is not illegal in Norway.
Romania
Suicide not illegal in Romania,but helping or assisting suicide is a punishiable offence upto
7,10or 20 years in prison.
Russian Federation[edit]
Russia, has most advanced form of law related to suicide as if they think a person who posses a
mental disorder and imminent danger of killing oneself can be put into a physchiatric hospital.
Singapore
In singapore a person who attempts to commit suicide can be imprisoned for up to one year.
South Africa
South African courts,has ruled that suicide and attempted suicide should not be treated as crime
United Kingdom
England and Wales[edit]
See also: Felo de se
Laws against suicide (and attempted suicide) prevailed in English common law until 1961.
English law perceived suicide as an immoral, criminal offence against God and also against the
Crown.[26] It first became illegal in the 13th century. Until 1822, in fact, the possessions of
somebody who committed suicide could even be forfeited to the Crown.[27]
Suicide ceased to be a criminal offence with the passing of the Suicide Act 1961; the same Act
made it an offence to assist in a suicide. With respect to civil law the simple act of suicide is
lawful but the consequences of committing suicide might turn an individual event into an
unlawful act, as in the case of Reeves v Commissioners of Police of the Metropolis [2000] 1 AC
360,[28] where a man in police custody hanged himself and was held equally liable with the
police (a cell door defect enabled the hanging) for the loss suffered by his widow; the practical
effect was to reduce the police damages liability by 50%. In 2009, the House of Lords ruled that
the law concerning the treatment of people who accompanied those who committed assisted
suicide was unclear, following Debbie Purdy's case that this lack of clarity was a breach of her
human rights. (In her case, as a sufferer from multiple sclerosis, she wanted to know whether her
husband would be prosecuted for accompanying her abroad where she may eventually wish to
commit assisted suicide, if her illness progressed.) As a result, this law is expected to be
revised.[29]
Scotland[edit]
Suicide directly involving only the deceased person is not by itself a criminal offence under
Scots Law and has not been in recent history. However, attempting suicide might be a Breach of
the peace if it is not done as a private act; this is routinely reported in the case of persons
threatening suicide in areas frequented by the public. The Suicide Act 1961 applies only to
England and Wales but under Scots Law a person who assists a suicide might be charged with
murder, culpable homicide, or no offence depending upon the facts of each case. Despite not
being a criminal offence, consequential liability upon the person attempting suicide (or if
successful, his/her estate) might arise under civil law where e.g. it parallels the civil liabilities
recognised in the (English Law) Reeves case mentioned above.
United States[edit]
Historically, various states listed the act of suicide as a felony, but these policies were sparsely
enforced. In the late 1960s, eighteen U.S. states had no laws against suicide.[30] By the late
1980s, thirty of the fifty states had no laws against suicide or suicide attempts but every state had
laws declaring it to be a felony to aid, advise or encourage another person to commit suicide.[31]
By the early 1990s only two states still listed suicide as a crime, and these have since removed
that classification.[citation needed] In some U.S. states, suicide is still considered an unwritten
"common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme
Court in 1992. Wackwitz v. Roy, 418 S.E.2d 861 (Va. 1992)). As a common law crime, suicide
can bar recovery for the late suicidal person's family in a lawsuit unless the suicidal person can
be proven to have been "of unsound mind." That is, the suicide must be proven to have been an
involuntary act of the victim in order for the family to be awarded monetary damages by the
court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or
hospital) for negligence in failing to provide appropriate care.[32] Some American legal scholars
look at the issue as one of personal liberty. According to Nadine Strossen, former President of
the ACLU, "The idea of government making determinations about how you end your life,
forcing you...could be considered cruel and unusual punishment in certain circumstances, and
Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy."[33]
Physician-assisted suicide is legal in some states.[34]
In California, medical facilities are empowered or required to commit anyone whom they believe
to be suicidal for evaluation and treatment.[36]

6.31. Section 309—suicide in the dharma shastras. ‘Section 309

penalises an attempt to commit suicide. It may be mentioned that
suicide was regarded as permissible in some circumstances in ancient
India. In the Chapter on “The hermit in the forest”, Manu’s Code
says,-
“31. Or let him walk, fully determined and going straight
on, in a north-easterly direction, subsisting on water and
air, until his body sinks to rest.
32. A Brahmana having got rid of his body by one of
those modes (i.e. drowning, precipitating burning or
starving) practised by the great sages, is exalted in the
world of Brahamana, free from sorrow and fear.”
20
Two commentators on Manu, Govardhana and Kulluka, say
that a man may undertake the mahaprasthana (great departure) on a
journey which ends in death, when he is incurably diseased or meets
with a great misfortune, and that, because it is taught in the Sastras, it
is not opposed to the Vedic rules which forbid suicide. To this Max
Muller adds a note as follows:-
“From the parallel passage of Apas tambha II, 23, 2, it is,
however, evident that a voluntary death by starvation was
considered the befitting conclusion of a hermit’s life. The
antiquity and general prevalence of the practice may be inferred
from the fact that the Jaina ascetics, too, consider it particularly
meritorious.”’