SUICIDE

Submitted by:

Ankita Bal

Batch 2021-26, BBA LLB. (Div A)

PRN: 21010224203

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In
November 2021

Under the Guidance of

Ms. Kritika Ramya and Ms. Charvi Kumar

(Course in Charge – Law of Torts)

1
 INDEX

Sl. No. Contents Page number

1. Introduction 3-4
2. A Brief Study of Suicide 5
3. Laws on Suicide 6
4. Conclusion 7
5. Bibliography 8

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RESEARCH OBJECTIVES –
 To discuss the criticisms and justifications of suicide and its validity.
 To expand on the various ancient practices of suicide.
 To discuss the various positions of different philosophers and their approach or
perspectives from which they opine on suicide.

INTRODUCTION

Suicide refers to the act of taking one’s own life. It is a controversial subject that poses
an important question of whether the act is morally sanctioned or justified by necessity
in extreme conditions and thus, brings to the table an important debate or discussion.
There remain pertinent questions of the causes due to which people commit suicide,
what motivates them to do so? why is suicide a course of action? is the action
permissible in certain situations?

Ancient philosophers like Socrates and Plato have vehemently criticized the act, with
Socrates in his work Phaedo claiming that humans have been placed in a divine
punishment by God, the divine punishment being life and the untimely release of this
punishment by self would prove itself to be disgraceful 1 and Plato stated that the persons
attempting suicide should be placed in unmarked graves.2 These criticisms however
show the lack of concern or empathy for the individual over the societal opinion.

David Hume in 1783 opposed the popular Christian Prohibition and the Thomistic
position that deemed suicide as unsanctioned and morally wrong with the views that it
was a violation of the divine laws. Hume in his response stated that God allows for
humans to often breach the divine law for personal gratification. 3

Tradition in different parts of the world, however, has in instances glorified or

romanticized suicide, examples of such being sati in India and seppuku in Japan which
are ancient acts of suicide differing in their definition due to the situations in which
these are carried out. Sati refers to the practice of a widow sacrificing herself on her
1
Plato, Phaedo 61b-62c (David Gallop, Oxford University Press, 1975.)
2
Michael Cholbi, Suicide, Stanford Encyclopedia of Philosophy, (last visited Nov 15, 2021)
https://plato.stanford.edu/entries/suicide
3
Michael Cholbi, Suicide, Stanford Encyclopedia of Philosophy, (last visited Nov 15, 2021)
https://plato.stanford.edu/entries/suicide

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husband’s funeral pyre and seppuku or harakiri refers to a samurai sacrificing himself
for the preservation of his honor by disemboweling himself with his sword. These acts
which were once considered sacred are now discontinued. Often, the wives of the
samurais who committed seppuku would commit suicide themselves by the way of jigai
by slitting their throats using a knife such as a tantō or kaiken. Often the women would
tie their knees to be found in a dignified pose during their last stance and facing away
from the door.

There are various different methods and approaches to suicide, the number of which
cannot be determined by mere research. It can be through pesticides, drug abuse,
carbon monoxide poisoning, hanging etc. In India, as per the NCRB report, the death
toll due to suicide in 2019 was 1,39,123 which is higher than the previous year by 4,607
more suicides.4

4
Accidental Deaths & Suicides in India 2019, NCRB, (last visited Nov 15, 2021)
https://ncrb.gov.in/sites/default/files/Chapter-2-Suicides_2019.pdf

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 A BRIEF STUDY OF SUICIDE

In his work, The Myth of Sisyphus, Albert Camus made an iconic statement that drew
attention to the longstanding debate on the topic of suicide –
“Il n'y a qu'un problème philosophique vraiment sérieux : c'est le suicide” (There
remains but only one extremely serious philosophical problem, that being suicide) 5

Suicide is criticized and advocated for on many accounts with each justification or
criticism varying in the perspective on which these opinions are presented. These can be
deontological, utilitarian, religious etc.

Delving into a deontological perspective, let us view the distinction in the stances of
Ronald Dworkin and Peter Singer. The outlook of Dworkin asserts emphasis on the
sanctity of life and how suicide attempts deign to besmirch or dishonor the value of life
or the sanctity of life. Peter Singer opposed this view he opined that the value of a
continuing life is to be determined on the basis of the potential quality that one’s life
displays to oneself.6

Utilitarianism justifies suicide by stressing on the quality of life outweighing all other
consequences.

St. Augustine on the behalf of the fifth commandment places his justification for
condemning suicide as such –
“God’s command ‘Thou shalt not kill,’ is to be taken as forbidding self-destruction,
especially as it does not add ‘thy neighbor’, as it does when it forbids false witness,
‘Thou shalt not bear false witness against thy neighbor.” 7

Thomas Aquinas echoed his sentiments as he deemed the act to be against God and
proclaimed it to be contrary to self-love.

5
Albert Camus, The Myth of Sisyphus 11 (Justin O’ Brien, Penguin Modern Classics, 2000)
6
Michael Cholbi, Suicide, Stanford Encyclopedia of Philosophy, (last visited Nov 15, 2021)
https://plato.stanford.edu/entries/suicide
7
Michael Cholbi, Suicide, Stanford Encyclopedia of Philosophy, (last visited Nov 15, 2021)
https://plato.stanford.edu/entries/suicide

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Most of the time, suicide has an underlying cause of mental illness and it is the
negligence of treating it properly or due caution to which that causes the act.

LAWS ON SUICIDE

Suicide was illegal in Britain prior to 1961. Suicide attempts were punishable by public
execution with records of the same dating back to 1860. Suicide was decriminalized in
England and Wales in 1961 with the introduction of the Suicide Act, 1961. It was
decriminalized in the same year in Scotland and later in 1966 in Northern Ireland when
sections 1 and 2 of the same act were put to effect by sections 12 and 13 of the Criminal
Justice Act, 1966.8

In India, section 309 of the Indian Penal Code was repealed in 2014 garnering support
from 18 states and 4 union territories. The repeal of this act decriminalized attempts to
suicide.

8
Chris Kelly & Eric Dale, Ethical perspectives on suicide and suicide prevention, 17 ADVANCES IN
PSYCHIATRIC TREATMENT , 214-219 (2011)

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 CONCLUSION
Suicide in many instances is a way of release for individuals who didn’t receive due
guidance, moral support or reassurance from someone they could rely on. It is easier to
deliver a judgment on self when personal opinion outweighs that of others. It is
important to understand the reasons to commit suicide before understanding why not.
An empathetic approach could deliver an altogether different ethical perspective
towards suicide.

Criticisms against suicide normally undermine the mental health, urgency and the state
of emotional well-being of the individual during the attempt. Why was the act a path for
liberation? This question remains due however it is always outweighed by the question
of how can an individual deliver a judgment on one’s own life when life wasn’t granted
by self.

Desolation, lack of purpose in life and the personal view of dishonoring one’s life
normally leads to suicide and unless individuals seeking to attempt are shown a
different perspective or due guidance, coping up with personal trauma will prove itself
an incredibly heavy task.

In this research project, we discussed the ancient practices of suicide, the different
perspectives on suicide, criticisms and justification of suicide and the pertinent
questions on the subject of suicide.

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 BIBLIOGRAPHY

 Plato, Phaedo 61b-62c (David Gallop, Oxford University Press, 1975.)

 Michael Cholbi, Suicide, Stanford Encyclopedia of Philosophy, (last visited
Nov 15, 2021) https://plato.stanford.edu/entries/suicide
 Accidental Deaths & Suicides in India 2019, NCRB, (last visited Nov 15,
2021) https://ncrb.gov.in/sites/default/files/Chapter-2-
Suicides_2019.pdf
 Albert Camus, The Myth of Sisyphus 11 (Justin O’ Brien, Penguin Modern
Classics, 2000)
 Chris Kelly & Eric Dale, Ethical perspectives on suicide and suicide
prevention, 17 Advances in Psychiatric Treatment , 214-219 (2011)