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Polity & Governance
Pradeep Kumar

22/06/21 11:00 AM IST

Decriminalising suicide

In news

India has the highest suicide rate in the Southeast Asian region, according to the World Health Organization. Depression, chronic ill health, guilt, trauma, substance abuse, failure in exams, and loss of loved ones are some of the reasons which influence a person’s decision to take his or her life.

Crime and punishment
  • A total of 1,34,516 cases of suicide were reported in 2018 in India, according to the National Crime Records Bureau.
  • Section 309 of the Indian Penal Code dictates the penal provision for attempting suicide.
  • If a person is suffering from any mental trauma or illness, he or she should be given reformative treatment rather than a deterrent punishment which is “simple imprisonment for a term which may extend to one year [or with fine, or with both]”.
  • In India, a Bill to repeal Section 309 was first introduced in the Rajya Sabha in 1972 but it failed to pass in the Lok Sabha because the House was dissolved.
A solution

In 2017, Parliament passed the Mental Healthcare Act. Section 115 (1) of the Act provides, “Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.” However, this law applies only to those suffering from mental illness. There is presumption of severe stress in case of an attempt to die by suicide.

Source: The Hindu

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