Section 309 of IPC
- Hueiyen Lanpao Editorial :: August 06, 2014 -

Is a person who attempts to commit suicide a criminal or a victim?

This is a question that has sporadically come up for debate in India where under Section 309 of Indian Penal Code (IPC), anyone who attempts to commit suicide attracts punishment with a jail term of up to one year or fine or both.

This debate is surely going to be revived again now that the Union Home Ministry is said to be in the process of effacing Section 309 of IPC.

In a written reply to the Lok Sabha on Tuesday, Union Minister of State for Home Kiren Rijiju has informed that discussions are underway to the effect of effacing the anachronistic law contained in Section 309 of IPC in accordance to the recommendation made by Law Commission of India.

In its 210th report on "Humanization and Decriminalization of Attempt to Suicide", the Law Commission had in 2008 recommended decriminalisation of the attempt to suicide, saying, “It is unreasonable to inflict punishment upon a person who, on account of family discord, destitution, loss of a dear relation or other cause of a like nature, overcomes the interest of self-preservation and decides to take his own life. In such a case, the unfortunate person deserves sympathy, counselling and appropriate treatment, and certainly not prison...It would not be just and fair to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide…”

In addition to this recommendation from the side of Law Commission, a bench of the Supreme Court comprising justice Markandey Katju (since retired) and justice Gyan Sudha Mishra, which legalised passive euthanasia in India in March 2011, had also recommended to the Parliament to consider decriminalising attempt to suicide, saying Section 309 of IPC had become anachronistic and pointed out that “A person attempts suicide in a depression, and hence he needs help, rather than punishment.”

However, in spite of the endorsement of the recommendation of the Law Commission by 25 State Governments and the subsequent Supreme Court ruling, the Government of India has only dragged on its feet on the issue thereby inviting debate every now and then when the issue of decriminalising attempt to suicide by deleting the provision under Section 309 of IPC comes up.

Those who are against doing away with Section 309 of IPC mainly argued that suicide is immoral and thus decriminalising suicide attempt would encourage aiding and abetting of more suicides and may even lead to 'constitutional cannibalism'.

So, the main apprehension on the part of those who favour keeping Section 309 of IPC stem from possible misguide and misuse of the provision.

But the misuse of the same provision of the law by the State authority in the name of protecting human life is another serious issue that should not be overlooked.

This is the precise case with Irom Chanu Sharmila, who has been on fast for more than 13 years now demanding repeal of Armed Forces Special Powers Act which gives extraordinary power to personnel of Armed Forces with no accountability.

Her fast is for securing the life of the people, but the State authority has charged her under Section 309 of IPC and treats her like a criminal. Mind you, this is the same State authority which had endorsed the recommendation of Law Commission for scrapping Section 309 of IPC.