Attempt to Suicide: A Crime in India

Introduction

Suicide is a deeply distressing and complex issue that affects individuals, families and communities worldwide. Among the nations grappling with this dilemma is India, a country that has a complex relationship with suicide, blending cultural, religious and legal perspectives. Several instances ranging from the widespread news of Farmer Suicides to the death of Bollywood Actor Sushant Singh Rajput, have brought mass public attention to the concept of suicide. While awareness about psychological treatments for suicide has increased over time, critical questions regarding its legal status and moral implications are also being raised. This article delves into the legal aspects of attempt and abetment to suicide and the act itself, in India.

The Legal Perspective

Suicide finds its roots in the Indian Legal System through Sections 306 and 309 of the Indian Penal Code (IPC), 1860. On the one hand, the former provision deals with punishments for the abetment of suicide, i.e., Acting towards inducing suicidal feelings in another individual, while on the other hand, Section 309 deals with punishments for suicide attempts. Section 306 of the IPC addresses the involvement of external human factors in the act of suicide and can thus be held constitutionally valid as it falls in line with the definitions of the Right to Life (Article 21 of the Indian Constitution). However, severe conflict arises while determining the constitutional validity of Section 309 of the IPC. The provision was inserted into the Indian Penal Code, 1860 by British Officials at the time of their power in Colonized India. The discussions on its legality in India began with the decriminalization of suicide in English laws in 1961 through the Suicide Act. However, the Indian officials have several reasons to not follow in the footsteps of the English, which have been discussed in the further sections of this article.

From the 1994 case of P. Rathinam v Union of India, where a Division Bench held that Section 309 was ultra-vires of the Indian Constitution to its overturning in Smt. Gian Kaur v. State of Punjab, the Indian Judiciary has made several attempts at interpreting the intra-vires nature of the criminalization of suicide. The latest attempt was in 2011 through the landmark judgement in the case of Aruna Ramachandra Shanbaug v. Union of India, where the Court held that passive euthanasia was within the ambit of Article 21 of the Indian Constitution. The justification provided for the same was that passive euthanasia is permitted only in cases where the patient is in a persistent-vegetative state (PVS) since this would assist in upholding the individual's Right to Die with Dignity, as protected under Article 21 of the Indian Constitution. In addition, the Court also clearly stated that the Right to Die with Dignity was a fundamental right only for the purposes of euthanasia, and not committing suicide. While this brought one aspect of the debate to an end, another tangent was introduced with the passing of the Mental Health Care Act, 2017.

The Mental Health Care Act, 2017 aims to provide mental healthcare and services to the mentally ill. It also focuses on protecting, promoting and fulfilling their rights during the delivery of assistance. In an attempt to do so, the Act provides an exception to Section 309 of the IPC. Section 115(1) of the MHCA provides immunity against prosecution to those who attempt suicide. This provision put the onus of harmoniously interpreting the MHCA and the IPC on the Judiciary of India. To understand this, it is necessary to understand several causes that lead to attempts at suicide.

Causes of Suicide

The causes of an attempt at suicide can be broadly classified into two groups: Mental Health Issues and Religious Beliefs. Let us understand how each of these factors affects the human mindset separately.

• Mental Health Issues

Mental health issues play a significant role in contributing to suicides in India. The country faces a multitude of mental health challenges, including depression, anxiety, substance abuse, and other psychiatric disorders, which can increase the risk of suicidal ideation and behaviour. Thus, addressing mental health issues and reducing suicide rates in India requires a comprehensive approach. It involves raising awareness about mental health, combating stigma, improving access to mental health services, integrating mental health care into primary healthcare systems, promoting early detection and intervention, and fostering a supportive and empathetic society. The Indian Government has successfully taken the first step towards resolving these issues through the Mental Health Care Act, 2017.

• Religious Beliefs

Certain religious practices in India involve extreme rituals, asceticism, or self-mortification that can have a detrimental impact on an individual's mental health. These practices are often undertaken as acts of devotion, spiritual discipline, or penance. However, they can push individuals to the limits of physical and emotional endurance, potentially exacerbating psychological distress.

For instance, during the Hindu festival of Thaipusam, some devotees pierce their bodies with hooks, skewers, or spears as an act of sacrifice. They may also engage in body suspension, where they are suspended from hooks attached to their flesh. These extreme practices can lead to intense physical pain and trauma, triggering emotional and psychological distress. Individuals may experience feelings of guilt, self-blame, or a distorted sense of self-worth, which can contribute to mental health issues and increase the risk of self-harm or suicide.

Another example is observed among certain ascetic practices in Jainism, where individuals undertake long periods of fasting or severe dietary restrictions, referred to as Sallekhana. These practices aim to purify the soul and demonstrate self-control. However, prolonged fasting can lead to severe physical consequences, including dehydration, malnutrition, and electrolyte imbalances, which can have a profound impact on mental health. The extreme deprivation and physical strain associated with these practices can exacerbate existing mental health conditions or contribute to the development of new ones, potentially leading to an increased risk of self-harm or suicidal ideation. While such rituals are practised in several religions, it is also important to recognise that not all religious rituals have negative effects on mental health. However, it is also necessary to recognise the practices that can affect an individual's mental health, especially in a diverse country such as India. This becomes important as such acts have an effect on not only the mental health of the practitioner but also those witnessing it. Taking into consideration these factors, it becomes absolutely necessary to understand the Legislature's point of view as well in order to understand the importance of criminalising attempts to suicide.

Justifications for Criminalization

• Recognition of Religious Beliefs

In India, several religions have beliefs that emphasize the idea that only God has the power to take away a person's life. Some such religions are:

• Hinduism: Hindus believe in karma, the law of cause and effect, which implies that the consequences of one's actions will be experienced in future lives. Killing or causing harm to another living being is seen as generating negative karma, which can affect one's spiritual progress.
• Jainism & Buddhism: Jains and Buddhists believe that all living beings have a soul (jiva) and that taking any form of life, whether human or animal, is an act of violence which is against their principle of ahimsa. They strive to live in a way that minimises harm to other beings, even through their thoughts, words, and actions. They believe that only God has the authority to determine the length of a person's life.
• Sikhism: Sikhs believe that life is a gift from God, and taking another person's life without just cause is forbidden. They strive to follow the will of God (Hukam) and accept the timing and circumstances of death as part of that divine plan.
• Christianity: In Christianity, the belief in the sanctity of life is deeply rooted. Christians believe that human life is a sacred gift from God, and therefore, the act of taking a human life is seen as a decision reserved for God alone.
• Islam: Similar to Christianity, Islam upholds the belief that only Allah (God) has the authority to give and take away life. Muslims regard human life as sacred and believe that it is Allah who determines the length and quality of each person's life.

• In addition to the religious connotation of criminalising suicide, legislators also believe that penalising an act ensures that it acts as a deterrent for other citizens from committing the same action. It fulfils one of the fundamental functions of criminal law with the help of the deterrence theory. This not only protects them on an individual level but also benefits the Nation in the international forum.

• Penalising acts such as suicide benefits the State both domestically and internationally. It helps the State develop its economy as a result of increased human resources. This in turn helps in creating an identity for the Nation as a whole at the international level.

Law Commission's Suggestions for Decriminalization

 

The Law Commission of India has been given the responsibility to review and suggest changes to the IPC several times. One such report is the 210th Law Commission Report, where suggestions have been for the decriminalization of attempts at suicide. The Commission provides 3 significant reasons for their suggestions:

• Section 309 violates Article 14 of the Indian Constitution

The Commission claimed that since suicide constitutes different things for different communities, a fixed definition cannot be prescribed for the term legally. Therefore, even the IPC refrains from defining the term 'suicide'. For this reason, the Law Commission of India states that Section 309 is violative of Article 14 as different meanings of the term would lead to differential treatment of individuals of different communities.

However, the Commission has been ignorant in considering all aspects while making this argument. The National Crime Records Bureau (NCRB), in 1995, defined 'suicide' as consisting of 3 components:

• It should be an unnatural death,
• The desire to die should originate from within him/herself, and
• there should be a cause to end life.

It can be observed that this definition can be used universally, however, the constituents of an unnatural death may differ with communities.

• Section 309 violates Article 21 of the Indian Constitution

The Commission further uses the inclusion of the Right to Die with Dignity to claim that Section 309 is violative of Article 21 of the Indian Constitution. This, although being a valid argument, must be reserved as the last resort. The individual, if distressed with his life, must be provided professional help and support to be able to change his outlook towards life. This can not only help him personally but also protect his family from the emotional distress they suffer after his death. Moreover, it also benefits the State in the long run, by enabling the individual to contribute towards the National Economy.

• The Commission ultimately states that punishing an individual for attempting to commit suicide only contributes to deepening his mental distress. While penalising the attempt to suicide acts as a deterrent for society at large, it should not be done at the cost of an individual's mental health. The Commission sternly claims that taking such punitive measures is a negative way of addressing the issue when the victim is already troubled with several mental issues. The ideal alternative to punishing an individual for attempting to commit suicide is to place them in psychological counselling and enable their treatment so that they can make the most of their life. The State can also attempt to fund such treatment sessions as most of the victims avoid treatment due to financial disadvantages in addition to the stigma attached to the matter.

Conclusion

In conclusion, the criminalization of suicide in India is a complex issue involving cultural, religious, and legal perspectives. While Section 306 addresses external factors in suicide, the constitutionality of Section 309 is questioned. Mental health issues and religious beliefs have a significant impact on suicide rates. While criminalization is justified based on religious beliefs and deterrence, the Law Commission advocates for decriminalization, citing violations of constitutional rights and a lack of compassion. A balanced approach is necessary, considering legal considerations, religious beliefs, and mental health advocacy. The Mental Health Care Act, 2017, represents progress in providing immunity for suicide attempts and emphasizing mental health care. Addressing suicide requires collaborative efforts, raising awareness, combating stigma, and improving access to mental health services. Ultimately, creating a compassionate and inclusive society that values and supports life is essential. Revisiting the criminalization of suicide and prioritizing mental health care can help reduce suicide rates and promote overall well-being.

References

1. Indian Penal Code, 1860
2. P. Rathinam v. Union of India
3. Smt. Gian Kaur v. State of Punjab
4. Aruna Ramachandra Shanbaug v. Union of India
5. Constitution of India, 1950
6. 210th Law Commission Report, 2008
7. National Crime Records Bureau - Glossary