Government plans to decriminalise attempt to commit suicide

New Delhi: The Government is planning to decriminalise attempt to commit suicide by repealing Section 309 of IPC which makes the act punishable with a jail term of upto one year and fine. The Minister of State for Home Kiren Rijiju told the Lok Sabha on August 5 that discussions in this regard are on. In a written reply, Rijju said the Home Ministry is in the process of effacing Section 309 of the Indian Penal Code(IPC) as recommended by the Law Commission along with amendment to certain other sections of the CrPC and IPC in consultation with all stake holders.

He said the Law Commission in its 210th report on "Humanization and Decriminalisation of Attempt to Suicide" has recommended that Section 309 of IPC needs to be effaced from the statute book. The Commission said Section 309 needs to be deleted because the provision is inhuman, irrespective of whether it is constitutional or unconstitutional.

The repeal of the anachronistic law would relieve the distressed of his suffering, it said. Responding to a query by the Union Home Ministry some time back, several states have sent their comments concurring with the recommendation of the Law Commission. The Commission had also argued that attempting suicide was "manifestation of a diseased condition of mind" that called for treatment and care rather than punishment.

Critics of the law say that it is cruel and irrational because it provides double punishment for a troubled individual whose deep unhappiness had caused him to try and end his life. They say it is cruel to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide. There has also been a conflicting opinion that by declaring an attempt to commit suicide a crime, the IPC upholds the dignity of human life, because human life is as precious to the State as it is, to its holder and the State can not turn a blind eye to a person in attempting to kill himself.