DomainK Posted January 19, 2012 Posted January 19, 2012 Every day more than 273 people commit suicide in India, and around one lakh annually. And, if death doesnÃÕ get you, the law definitely will. The Mumbai policeÃÔ decision to slap criminal charges on a woman from Versova who attempted suicide after seeing her friend commit it has once again sparked off a debate about a need to change the law. Legal experts agree that decriminalization of suicide is long overdue and the law commission as well as a recent Supreme Court (SC) judgment have recommended it. Å¢ person who tries to commit suicide is not committing a crime but seeking help. Instead, the law today brands him as a criminal,Ãò said advocate Aniket Nikam, who practices in the Bombay high court. ŵhe law should come to the aid of such persons by looking to rehabilitate them, not send them to prison.Ãò Under Section 309 of the Indian Penal Code, attempting suicide is a punishable offence. The provision says: Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with simple imprisonment for a term which may extend to one year or with a fine, or with both. The Indian government had spoken about deleting the provision in the 1970s but little came out of it. The Bombay high court in 1987 had held that the right to life guaranteed by the Constitution includes the right to live as well as the right to end oneÃÔ life if one desires, and had struck down Section 309. The SC upheld the view in 1994. But in 1996 a five-judge constitutional bench of the apex court ruled otherwise and held that the fundamental right to life did not include the right to live. It held that Section 309 was constitutionally valid. That remains the law of the land today, though the law commission in a report in 2008 had recommended decriminalization of Section 309. Ūt 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, counseling and appropriate treatment, and certainly not prison. Last year, the SC, while ruling in the Aruna Shanbaug euthanasia case, told Parliament to delete Section 309 as it has become ÅÂnachronistic though it has become constitutionally valid? A bench headed by Justice M Katju remarked, Å¢ person attempts suicide in a depression, and hence he needs help, rather than punishment. The Union government has undertaken steps to delete Section 309 and has obtained the consent of 25 states. Mental health professionals have pushed for the decriminalization of suicide and having a more sympathetic approach towards victims. ŵhe nitty-gritties of decriminalization can be worked out but the basic concept is wrong and needs to change,Ãò said Dr Sanjay Bagadia, vice-president of the Bombay Psychiatric Society. Psychiatrist Dr Harish Shetty called the act of booking the woman as ÅÂtrocious and said, Ūt will cause more trauma to an already traumatized victim. Shetty said that at any given point of time, 500-600 patients, who are admitted to hospitals, are those who have tried to take their lives. Ÿhy selectively victimize her when so many similar patients who have attempted selfharm are left without an FIR, he said. How to handle people with suicidal tendencies l Do not act shocked, stay calm, keep talking to individual l Get help immediately by calling a suicide prevention helpline or a medical professional l Listen carefully to every word the person says and comfort with words of encouragement l If the person is in a very high risk of committing suicide, do not leave him/her alone till there is professional help l Try to learn what is going on in the personÃÔ mind l Do not be judgmental or make inappropriate statements l Police dealing with victim should shed image of negotiator/arbitrator and be gentle and kind WARNING SIGNS l Saying things like ÃÃife is not worth it l Winding up behavior l Suddenly indifferent to events and people around l Sympathizing with other suicide victims l Stops taking medication How The World Sees It INDIA Under Section 309 of the IPC, a person who attempts suicide, can be criminally prosecuted. If found guilty, the offence is punishable with a jail term of one year. One who abets suicide of another can be punished with a prison term of up to 10 years UK Suicide was a crime till it was decriminalized in 1961 US Attempting suicide is no crime; helping someone commit it is SINGAPORE A person who attempts to commit suicide can be imprisoned for up to one year AUSTRALIA While it is not a crime to commit suicide, in the state of Victoria, a person who survives a suicide pact can be charged with manslaughter NORTH KOREA Relatives of a person who commits suicide can be ÃÄollectively punished HELPLINES 1860 266 2345 022-2570 6000 Times View Very few events in life can be as traumatic as an unsuccessful suicide attempt. To treat a person, who is trying to recover from such an attempt, as a criminal is inhuman. The Versova womanÃÔ case is the most recent example of total non-application of good sense and a blinkered application of the law. She has first had the misfortune of seeing her boyfriend die a violent death; she has been affected so much so that she tries to end her life ÃÊn a similarly violent fashionÃØithin a couple of days. She lands in hospital. The doctors try to heal her physical wounds; the mental scars would, hopefully, heal but that would take some time. But, even as she battles all this, she finds herself a criminal in the eyes of law. Does she really need to be treated like this? Should sheËÂnd her immediately familyËÃe put through even more trauma of going through a case at the police station and in court? Should she not be treated as a patient who needs help from experts? Do people who attempt suicide deserve to be traumatised even more by society and law? Our law-makers need to ask themselves all these questions as soon as possible to ensure the law takes a more rational and less Kafkaesque view of suicide. http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/01/19&PageLabel=7&EntityId=Ar00700&ViewMode=HTML Has been debated in the past and the supreme court, for some strange reason seems to believe that a jail-term is the best course of action for attempted suicide.
Vijay.Sharma Posted January 19, 2012 Posted January 19, 2012 By the way, what punishment do people who attempt to "commit" suicide, get?
bihutoli Posted January 19, 2012 Posted January 19, 2012 I think it should. I mean its a lousy response to a person who has just attempted to end her/his life. I don't think it is a criminal activity unless it is done with the intention of a fraud, like a insurance claim etc.
akshayxyz Posted January 19, 2012 Posted January 19, 2012 With this logic masturbation should be equivalent to rape/molestation and porn movie crew can be charged with abetting of crime....j/k. Personally I am in favor of decriminalizing "suicide attempt" - jail term (if that is the punishment), does not do any good to something which needs medical/psychological help..., it has to be dealt with differently.
Ram Posted January 19, 2012 Posted January 19, 2012 Putting people in jail for attempting suicide is crazy. But they should be sent to a mental health institution and given mandatory counseling.
Nova Posted January 19, 2012 Posted January 19, 2012 Yes, I think we should have the right to take our own lives. In a similar vein, euthanasia should be legalized too. It's not anyone's business to tell me that I should live.
Tiger80 Posted January 19, 2012 Posted January 19, 2012 Yes' date=' I think we should have the right to take our own lives. In a similar vein, euthanasia should be legalized too. It's not anyone's business to tell me that I should live.[/quote'] +1
DomainK Posted January 19, 2012 Author Posted January 19, 2012 Putting people in jail for attempting suicide is crazy. But they should be sent to a mental health institution and given mandatory counseling. Sadly, there are not enough credible mental institutions in India. The ones that exist are for serious mental illnes and mostly violently mentally ill are sent there. It's almost like jail. Counseling is probably the best way. The governent should provide good professionals for the job.
ganeshran Posted January 19, 2012 Posted January 19, 2012 The punishment is imprisonment of upto 1 year or fine or both. Supreme court already told the parliament to look at deleting section 309 from the consitution but no action has been taken so far.
Lurker Posted January 19, 2012 Posted January 19, 2012 There has to be a religious angle here. If one is religious, which bulk of Indians are, it is a discussion in itself over who has the right to life, the person or God himself?? Most religion look down on suicide and if I am not mistaken many of these relegate the person committing it to hell. Lot will basically come down to that. Although as a Secular nation I do beleive laws should be beyond the reach of religion.
Mariyam Posted January 19, 2012 Posted January 19, 2012 Yes' date=' I think we should have the right to take our own lives. In a similar vein, euthanasia should be legalized too. It's not anyone's business to tell me that I should live.[/quote'] Honestly, I find your comments :omg:. I won't comment on the moral/religious angle here, because I feel Lurker has done a fair job at that. The belief that your life is solely your own can and will be challenged. Man is a social being, and has obligations and duties to society as a whole. When he decides to take his own life, he also kills a part of other peoples' lives- his family, friends, co-workers etc. Does he have a right to adversely affect their lives without seeking their permission? There might be situations, historically, where in faced with slavery or worse people chose suicide. Just to make it clear, I'm talking about depression based suicides, which are the bulk of the cases, and not the odd example here or there. IMO, the rule is fine as it is today. If things were left to me, I'd enforce counseling sessions with a shrink as mandatory for all surviving 'criminals'. Plus some months doing community service by lecturing people on the futility of suicide and value of life etc. Tying in euthanasia with suicide is plain wrong. Its a different and complex issue in itself. What do you say about seat belts in car when there are no co-passengers? Or helmets while riding a bike? Going by your line of thought, not wearing a helmet while on a bike shouldn't be fined because its not anyone's' business if the rider cares for his safety or not. Where do you draw the line?
Vijay.Sharma Posted January 19, 2012 Posted January 19, 2012 Putting people in jail for attempting suicide is crazy. But they should be sent to a mental health institution and given mandatory counseling.Not mental hospital...that will drive them to a better suicide attempt. But counselling is a must
Vijay.Sharma Posted January 19, 2012 Posted January 19, 2012 There has to be a religious angle here. If one is religious, which bulk of Indians are, it is a discussion in itself over who has the right to life, the person or God himself?? Most religion look down on suicide and if I am not mistaken many of these relegate the person committing it to hell. Lot will basically come down to that. Although as a Secular nation I do beleive laws should be beyond the reach of religion.You are kidding me. Although I ain't a Hindu but knowing enough of Hindu customs and traditions I don't think suicide is as big a blasphemous thing in Hinduism as it is in Abrahamic religions.
Cricketics Posted January 19, 2012 Posted January 19, 2012 Here's how it should be Anyone who tries to commit suicide. 6 SANTIYA LAGAO AND LOCK HIM/HER FOR 8 MONTHS. Anyone who sacrifice someone's life. Beat him to pain bu not to death and life imprisonment.
Ram Posted January 19, 2012 Posted January 19, 2012 I am very undecided on Euthanasia. I have seen instances of some of my elderly relatives going thru a protracted period of pain and suffering in their last days. I understand that life is precious and must be protected at all costs, but try telling that to someone who is suffering from multiple organ failure. If your mere existence is the sole reason for all your pain, should the person have the right to choose an immediate end?
Yoda-esque Posted January 19, 2012 Posted January 19, 2012 Here's how it should be Anyone who tries to commit suicide. 6 SANTIYA LAGAO AND LOCK HIM/HER FOR 8 MONTHS. Anyone who sacrifice someone's life. Beat him to pain bu not to death and life imprisonment. :omg:
Vijay.Sharma Posted January 19, 2012 Posted January 19, 2012 Honestly, I find your comments :omg:. I won't comment on the moral/religious angle here, because I feel Lurker has done a fair job at that. The belief that your life is solely your own can and will be challenged. Man is a social being, and has obligations and duties to society as a whole. When he decides to take his own life, he also kills a part of other peoples' lives- his family, friends, co-workers etc. Does he have a right to adversely affect their lives without seeking their permission?Mariyam, in the same vein, when a person dies naturally does it not affect his loved one's lives? Man is a social animal I agree but the suicide'er does not want to be a social animal. Doesn't he wanna end his life because he does not want to be a social animal - failure in society, can't be a success in a social setting where his only standing is based on his success There might be situations' date=' historically, where in faced with slavery or worse people chose suicide. Just to make it clear, I'm talking about depression based suicides, which are the bulk of the cases, and not the odd example here or there.[/quote']What good is a depressed soul to his loved ones? Why should he continue suffering just coz his loved ones can see him alive?
Lurker Posted January 19, 2012 Posted January 19, 2012 I am very undecided on Euthanasia. I have seen instances of some of my elderly relatives going thru a protracted period of pain and suffering in their last days. I understand that life is precious and must be protected at all costs' date=' but try telling that to someone who is suffering from multiple organ failure. If your mere existence is the sole reason for all your pain, should the person have the right to choose an immediate end?[/quote'] The philosphical answer to that is a question. Which is the most precious sentiment in life? Love? Lust? Faith? Hope. Possibly its the last. You cant have the rest without hope. And when you talk of euthnasia you basically talk of giving up on hope, that one sentiment that keeps us all going maybe? :sniffle:
akshayxyz Posted January 19, 2012 Posted January 19, 2012 What about a soldier, who has had enough of killing enemies - on order.. and decides to take his own life, but fails to...So - will he be put in jail for attempting to take his own life, but not for others' he has already taken... land/religion based laws are anything but about morality (in general).
Ram Posted January 19, 2012 Posted January 19, 2012 The philosphical answer to that is a question. Which is the most precious sentiment in life? Love? Lust? Faith? Hope. Possibly its the last. You cant have the rest without hope. And when you talk of euthnasia you basically talk of giving up on hope, that one sentiment that keeps us all going maybe? :sniffle: I don't necessarily agree. I am ambivalent about keeping someone who is going thru enormous amount of suffering alive, just so that your conscience is clear. One of the true litmus test of love is also whether you can let go, when you know the other party in consideration stands nothing to gain from the relationship. Even otherwise, I am willing to subject myself thru a lifetime of guilt and pr!ckly conscience, if it means that I took a decision in the best interests of my loved ones.
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