Suicide is not an end, it’s the beginning of pain
At that time, when we hear that someone has committed suicide , the first thing about which we were start thinking what the reason behind it and if we knew that person after that we are started talking about his/her behavioural aspects and character of that person. It is hard to perceive or understand that suicide is the consequence of mental health problem as World Health Organization(WHO) says that it was serious health problem. It is an act of taking one’s own life intentionally or voluntarily. It’s very nature is an act of self-killing or self-killing destruction, an act of breaking-off one’s own life. In 2018,The National Crime Bureau report states that every suicide has a personal tragedy that preterm takes the life of an individual and has a continuing ridge effect, and also affecting the lives of families, friends and society.
As per the Indian Penal Code, Suicide comes under the penal provision. In India, abetment and attempt of suicide both are offences and attract punishment.
Section 306: Abetment of Suicide: If any person devoted to suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either elucidation for a term which may extend to ten years, and shall also be liable to fine.
Section 309: Attempt to Commit Suicide: Whoever attempt to devoted 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 fine, or with both.
Section 304-B: Dowry Death: When the death of a woman is caused within seven years of marriage and the death is not also on normal circumstances and her death was shown subject to brutality or molestation by her husband or any relative of her husband, then such death shall be called dowry death. So, if the brutality reached to such level that women devoted to suicide within seven years of marriage, then it will be assumed that is case of Dowry Death.
Section 498A IPC : Husband or relative of husband of a woman subjecting her to brutality: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to brutality shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
According to section 113A Indian Evidence Act, 1872
According to the Section 29:
• The relevant government shall have a duty to plan, design and execute programmes for the promotion of mental health and avoidance of mental illness in the country.
• Without influence to the generality of the provision contained in the sub-section(1), the suitable government shall, in particular, plan, design and execute public health programmes to decrease suicides and attempted suicides in the country.
Mental health Care Act 2017 under Section 115 states that in spite of anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be assumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said code. The suitable government shall have a duty to provide care, treatment and overhaul to a person, having severe stress and who attempted to commit suicide, to decrease the risk of repetition of attempt commit suicide.
For this, the government of India launched the National Mental Health Programme (NMHP) in 1982, analyse the heavy burden of mental health illness in the community, and the absolute deficiency of mental health care infrastructure in the country to deal with it. Also, the District Health Programme was added to the program in 1996.
It is always preferable that for any problem precaution is better than cure. We need to open up, be vocals and express our views with each other at home. Media also had act in a responsible manner. Those who have strive suicide, they are in psychological pain and they need treatment not punishment. The legitimate or criminalizing strive to suicide is an old and long discussion which is still continuing. Even though the penal provision of section 309 is a kind of double-whammy for the survivor.
Firstly, the survivor is already suffering from the mental pressure and problem and then legal action just adds further complication over that survivor and on his /her family. The law commission of India in the year 2008 has also endorsed for the omission of section 309 IPC. Also, the requisite number of helpline must be available in all the states or in union territory.
As we have to understand that suicide is a health problem. In India, the health budget is already lowest, so we cannot await that a enormous reform can be brought over night in the health sector that is also in mental section. We need to arbitrate the statutory provision closely and amend accordingly. For any disease, we treat it with in different ways.
So, this is also a disease, and the treatment of it is also possible, with medicine, love, and care. Though media house has to understand the consequence of their irresponsible reporting and the after effect on the survivor, his / her family or extinct or his / her family. They had need to come out from the game of TRP. Suicide is not an end of problem of an individual, it is a pain for all after committed.
Author: Prashanshu Sharma,
Lloyd college and 1 year/ law student