Attempt to suicide: An atrocious law of India

Abstract

It is duty of state under article 47 of Indian Constitution to maintain public health. Suicide is a public health issue, around 2.2 lakh people take their own lives in India every year. But, the state deals with it by penalising attempt to suicide under section 309 of Indian Penal Code, which is derogatory to the duty of state.

People attempting to suicide does so because of many reasons. One of the reasons is mental health problem. Mental health issues are still a stigma in India, moreover there is lack of mental health facilities and availability of psychiatrist and psychologist. Because of the lack of professional help people in India are more prone to suicide. However, attempted suicide by the reason of mental health issue has now been addressed under section 115 of Mental Health Care Act superseding punishment under section 309 of IPC and providing proper care to such people. But what about other reasons for suicide attempt such as: religion, protest, illness. In such cases, suicide attempter is still punishable which is violative of his rights.

Mental health problems are not the only issues that drive a person to attempt suicide, thus enactment of section 115 of MHC act is not sufficient. Moreover, freedom of personal liberty and right to choice are fundamental rights of people and penalising attempt to suicide is against it so it should be decriminalized as it is of no good anyways.