Model Answer
0 min readIntroduction
For decades, attempting suicide was considered a criminal offense in India, stemming from colonial-era legislation. Section 309 of the Indian Penal Code (IPC), dating back to 1860, prescribed punishment for ‘attempt to commit suicide’. However, this provision faced increasing criticism for being insensitive, counterproductive, and violating fundamental rights. The legal and societal understanding of suicide evolved, recognizing it as a manifestation of mental health issues rather than a criminal act. This culminated in the landmark decriminalization of suicide attempts through the Mental Healthcare Act, 2017, marking a significant shift in India’s approach to mental health and suicide prevention.
The Law Relating to Attempt to Suicide – Pre-2017
Prior to 2017, Section 309 of the Indian Penal Code (IPC) dealt with ‘attempt to commit suicide’. The section stated that whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment of either description for a term not exceeding one year, or with fine, or with both.
- Rationale behind the law: Historically, the law was rooted in religious and moral objections to suicide, viewing it as a sin or a transgression against God.
- Criticisms: The provision was widely criticized on several grounds:
- Violation of Article 21: The right to life under Article 21 of the Constitution was interpreted to include the right to die with dignity, making criminalizing suicide attempts problematic.
- Counterproductive: Criminalizing suicide attempts discouraged individuals from seeking help due to fear of prosecution.
- Insensitivity: It failed to recognize the underlying mental health issues driving individuals to attempt suicide.
- Judicial interventions: Several High Courts questioned the validity of Section 309, recognizing the need for a more compassionate approach. The Bombay High Court in 1968 struck down the section as unconstitutional, but the Supreme Court later overturned this decision. However, the Supreme Court consistently advocated for a humane approach and emphasized the need to consider mental illness.
The Mental Healthcare Act, 2017: A Paradigm Shift
The Mental Healthcare Act, 2017, brought about a revolutionary change in the legal framework surrounding suicide attempts in India. Section 115 of the Act specifically addresses this issue.
- Decriminalization of Suicide: Section 115 explicitly states that a person who attempts suicide shall not be punished under Section 309 of the IPC. This effectively decriminalized suicide attempts.
- Presumption of Mental Illness: The Act presumes that a person attempting suicide is suffering from mental illness and requires care and treatment, not punishment.
- Mandatory Care and Rehabilitation: Instead of prosecution, individuals attempting suicide are to be provided with care and rehabilitation, including mental health support.
- Protection of Rights: The Act emphasizes the protection of the rights of persons with mental illness, ensuring they are treated with dignity and respect.
New Dimensions Added by the Mental Healthcare Act, 2017
The Mental Healthcare Act, 2017, added several crucial dimensions to the law of attempt to suicide in India:
- Shift in Focus: The Act shifted the focus from punishment to care, treatment, and rehabilitation. This reflects a growing understanding of suicide as a public health issue rooted in mental illness.
- Rights-Based Approach: The Act adopts a rights-based approach, recognizing the rights of persons with mental illness and ensuring their access to quality mental healthcare.
- Reduced Stigma: By decriminalizing suicide attempts, the Act aims to reduce the stigma associated with mental illness and encourage individuals to seek help without fear of legal repercussions.
- Enhanced Mental Healthcare Infrastructure: The Act mandates the establishment of mental health establishments and the provision of mental healthcare services at all levels of the healthcare system.
- Role of Mental Health Professionals: The Act empowers mental health professionals to provide care and support to individuals attempting suicide, ensuring they receive appropriate treatment.
| Feature | Pre-2017 (Section 309 IPC) | Post-2017 (Mental Healthcare Act, 2017) |
|---|---|---|
| Legal Status of Attempt to Suicide | Criminal Offense (Punishable) | Not an Offense (Decriminalized) |
| Approach | Punitive | Care-based & Rehabilitative |
| Underlying Assumption | Voluntary act of wrongdoing | Manifestation of mental illness |
| Focus | Punishment & Deterrence | Mental Health Support & Prevention |
Conclusion
The decriminalization of suicide attempts through the Mental Healthcare Act, 2017, represents a significant and progressive step towards a more humane and compassionate approach to mental health in India. By shifting the focus from punishment to care and rehabilitation, the Act acknowledges the complex interplay between mental illness and suicidal behavior. However, effective implementation of the Act, including strengthening mental healthcare infrastructure, raising awareness, and reducing stigma, remains crucial to realizing its full potential and preventing suicides. Further, continuous monitoring and evaluation of the Act’s impact are necessary to refine its provisions and ensure it effectively addresses the evolving needs of individuals at risk.
Answer Length
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