SUICIDE AND LAW: FROM A SOCIOLOGICAL PERSPECTIVE
This article is written by Adv. Sandra Sachin, Bengaluru.
Abstract
This article aims at explaining to its readers the relationship that exists between suicide and law from a Sociological perspective. It includes an elaborative explanation with examples of various social evils that are deep-rooted and continues to exist in Indian society in the form of inequality, discrimination based on caste, religion, gender identity, profession, child labour, violence against humanity, unethical religious and cultural practices etc that we as individuals tend to ignore, leading to an increase in death rate by suicide. This article also aims at giving its readers an understanding of various Indian laws and sections that criminalize the act of suicide to safeguard the lives of its citizens; the relationship between Article 21 [Right to life and personal liberty] and Section 309 [ attempt to suicide] with case laws. It aims at answering practical questions such as how does suicide affect society and finally gives suggestions on how to reduce the death rate caused by the act of suicide.
INTRODUCTION
“There comes a time when you look into the mirror and you realise that what you see is all that you will ever be. And then you accept it. Or you kill yourself. Or you stop looking in mirrors.” – Tennessee WilliamsSuicide is defined as the act or process of intentionally taking one's own life or attempting to take one's own life. According to French Sociologist Emilie Durkheim in 'Suicide: A Study of Sociology,' the term "suicide" can be applied to any case of death that results directly or indirectly from any positive or negative act of the victim themselves, which they are aware will result in this particular result. Suicide is defined by the World Health Organization as "the injury with varying degrees of lethal intent." Therefore, suicide can be understood as death caused by self-directed injurious behaviour with any intent to die. Individuals may commit suicide due to various reasons that cannot be limited, for instance – mental illness, failure, sexual or physical abuse, rape, molestation, shame, loss of job, humiliation, cyberbullying, societal pressure, substance use, stress, gender identity, racism, discrimination, inequality, social isolation, anomie, loss of social status and false accusations etc. Despite all of the advancements made to increase people's productivity, knowledge, creativity, innovation, and technological advances that enable upward socioeconomic mobility and play a key role in the eradication of poverty and the evolution of any nation, suicide remains one of the most serious social problems of the twentieth century. Suicide is one of the intriguing issues that has captured the attention of people of all ages all over the world.
SUICIDE AND LAW
An Attempt to Suicide is defined by the law as "a failed attempt to take one's own life." While Assisted Suicide can be defined as one person assisting another in causing their death by providing them with the means to do so. Suicide attempts and aiding and abetting suicide are both punishable offences under Sections 309 and 306 of the Indian Penal Code, respectively. Assisted suicide typically includes ‘physician-assisted suicide,' which means that an individual's suicide is aided by a physician or other healthcare provider who provides that individual with any kind of knowledge, means, or both required for committing suicide.[1]Section 309 of the code defines Attempt to suicide, the act of attempting to commit suicide must be due to individual’s intention, as the main element of suicide is intentionally taking out a person’s life himself or herself. This section comes with an exception which provides that when the person is in lethal or intoxication state due to overdose of some medicine or if anyone wrongly administers a poison, such an act does not fall under this Section. The underlying idea behind this section is that the lives of individuals aren't best cherished by them but by the nation which shields them. In a contrary view, it is considered that an endeavour to self-destruct should be viewed as a sign of a diseased situation of mind that deserves treatment and care as opposed to an offence that ensures punishment. The criminalization of suicide is considered to be a form of condemnation as opposed to helping individuals manage the underlying psychological problems that lead them to plan the end of their lives. [2]
RELATIONSHIP BETWEEN ARTICLE 21 AND SECTION 309 Just like the skeletal system maintains the structural integrity of an individual, similarly, the Constitution is the fundamental structure and backbone that helps in the proper functioning of a country. In the same way Article 21 of The Indian Constitution is considered to be the back bone as it provides for right to protection of life and personal liberty as a fundamental right. Article 21 It defines the expression 'Right to Life' in such a manner that each citizen has a right to live which proposes directing an important, meaningful and dignified life. This Article also guarantees the right to liberty to every citizen. It must be noted that to date no law has explicitly given any individual the right to end his (or) her own life at their own will. It is accepted that the Right to Life is a natural right embodied in Article 21 but suicide is an unnatural termination (or) extinction of one’s life, therefore, making it inconsistent with the concept of Right to Life.[3]Does the Right to Life also include the Right to take one’s own life? Is one of the main questions that arise concerning the context of Section 309 of IPC as it comes under chapter 16 of offences affecting the human body and self-destruction. Section 309 is based on the principle that the lives of men are significant to them as well as the State which ensures and protects them. However, the consequence of such legislation is considered to be pathetic as the accused as they are called, who deserves psychiatric attention and care instead labelled as criminals and are sent to mingle with other criminals. Hence punishing an individual for attempting suicide would do more harm than good because imprisonment will only have adverse effects on their mental balance.
CASE LAWS
In India, case laws relating to self-destruction have collided on the topic of the "Right to Die," calling into question not only the morality but also the validity of Section 309 of the Indian Penal Code:
1. P. Rathinam v. Union of India The Supreme Court's landmark ruling declaring that Section 309 of the Indian Penal Code is "cruel" and "irrational" because it violates Article 21 of the Constitution – the Right to Life and Personal Liberty – and that it should be removed to "humanise" penal codes. Furthermore, the Supreme Court backed with the Apex court's decision, holding that suicide (or attempted suicide) causes no harm to others, and so the statutes' interference with any concerned individual's personal liberty is unnecessary.
2. Gian Kaur v. State of PunjabDespite the Supreme Court's insightful observation, the decision in P Rathinam V. Union of India was overturned in Gian Kaur V. State of Punjab, where the court held that the interpretation of Article 21 to include the Right to Die could not be accepted as correct, and thus it should not be included in the protection of life. The court decided that the right to life given by Article 21 of the Constitution does not include the right to die, and therefore attempts to self-destruction under Section 309 and aiding suicide under Section 306 of the Indian Penal Code are not void (or) unconstitutional. As a result, if a person commits suicide, he or she must engage in specific positive overt activities, the origins of which cannot be linked to (or included under) Article 21. As a result, Section 309 IPC cannot be declared unconstitutional for any reason, because suicide is an unnatural end to life that is incompatible with Article 21's idea of right to life.
3. Thomas Master v. Union of IndiaThis case raised the issue of euthanasia, which refers to the removal of life support for terminally ill individuals. The court ruled that there is no distinction between suicide and the right to voluntarily end one's life. Euthanasia, regardless of the motive, would be considered suicide under Sections 306 and 309 of the Indian Penal Code.There were attempts made to repeal Section 309, IPC by the 18th Law Commission in its 210 Report titled -‘Humanization and Decriminalization of Attempt to Suicide' submitted on October 17, 2008, which aimed at providing medical attention and psychological care to any individual who attempts suicide rather than punishing them, believing that no matter what social, economic, political (or) personal reasons it may be, everything leads down the main factor that determines the commission of the act- the psychological state. Therefore, every psychologically disturbed individual requires proper psychological therapy rather than punishment such as imprisonment and payment of the fine.
MENTAL HEALTH CARE ACT (2017)
On May 29, 2018, the Mental Health Care Act (MHCA) of 2017 went into effect, with the goal of providing mental health care and assistance to people who are suffering from a mental disease such as a significant disorder (or) whose functioning is severely impeded. It aids in the protection, promotion, and fulfilment of such mentally ill individuals' rights while also providing mental healthcare treatments for matters related to (or incidental to) such rights.‘Notwithstanding anything contained in Section 309 of the IPC, any person who attempts to die by suicide will be assumed, unless proved otherwise, to have extreme stress and shall not be tried and punished under the aforementioned code,' according to Section 115 of the Mental Health Care Act of 2017. [in 2016 the term mental illness was replaced by severe stress by the Indian Parliament]. Section 309 of the IPC, which deals with punishing those who try to kill themselves, has been deemed to be unsatisfactory and discriminatory. If a person's attempt at suicide fails, he or she will be subjected to anguish and degradation as a result of unfair sanctions. Mental health services should be made available to such people. Therefore, Section 115 [MHCA] is in contrast with Section 309 of the Indian Penal Code.
SUICIDE AND SOCIETY
The tale of self-destruction is likely as old as that of the man himself. Through ages, suicide has differently been celebrated, romanticized, bemoaned and even denounced. Be it the shocking Greek heroes such as Socrates, Zeno (or) Seneca (or) the Roman figures Brutus, Cleopatra (or) Samson, Saul and Ahithophel of the Old Testament (or) the suicide bombers in the present world, the whole inclusiveness of self-destruction rises above religion and culture. An understanding of suicide in the Indian context calls for an appreciation for the literary, religious and cultural ethos of the subcontinent since customs have seldom pervaded the lives of individuals in India. The ancient texts contain various stories of bravery in which self-destruction was recognized as a way to evade disgrace and shame was glorified. Suicide has been referenced in the incredible legends of Ramayana and Mahabharata. Whereas on the other hand Bhagavad Gita condemns suicide for its narrow-minded and selfish reasons and posits that such death cannot have all the important last rites. According to Brahmanical views, the individuals who endeavour self-destruction should fast for a specific period. Upanishads, the holy scriptures denounce self-destruction and expresses that ‘he who ends his own life will enter the shady territories covered by invulnerable obscurity in the afterlife.' Notwithstanding, the Vedas license self-destruction for strictly religious reasons and consider that the best penance was that of one's own life. Suicide by starvation also known as 'SALLEKHNA' is believed to help individuals achieve 'moksha' and is still practised to date. Sati, where a woman immolated herself on the pyre of her husband instead of carrying on with her own life as a widow and Jahuar, in which Rajput women killed themselves to dodge mortification at the hands of the invading Muslim armies, practised until as recently as the early half of the 20th century. The suicide rate in India is comparable to that of Austria and the USA. The suicidal rates in India increased by 1.7% since 2008. Many factors especially the sociocultural factors undermine the veracity of these records. Most of the time in rural areas, death by suicide is frequently reported as due to illness (or) accident to avoid police investigation leading to under-reporting of suicides. The main factors associated with suicide including suicidal attempts are – young age (15 – 24 years); female gender, low educational attainment, unemployment, living alone, history of socio-economic deprivation. Among young people, suicidal behaviour was found to be associated with female gender, not attending school (or) college, independent decision making, physical abuse at home, lifetime experience of sexual abuse and probably common mental disorders, violence and psychological stress were independently associated with suicidal behaviour. Factors associated with gender disadvantage rapidly increased vulnerability in the rural woman. Living alone (or) isolation is considered to be one of the most important elements that lead to suicidal attempts made by the elderly. The reasons for greater female suicide completion in India may be socio-culture. The common practice of arranging marriages in India result in social and family pressure which compels them to stay even in an abusive relationship which in turn increases the risk of suicide in women.EXAMPLE – Dowry demands may lead young bridges to commit suicide due to their financial conditions.Widowed, divorced, separated, and single people are more likely than married people to commit suicide. Another important factor that raises the risk of suicide is a lack of knowledge. People with poor IQ have a harder time competing for jobs, and as a result, their income and social position suffer. They may also be less effective in dealing with stress, and neurodevelopmental vulnerabilities may raise their chances of developing a mental illness. There is a strong link between unemployment and suicide, since factors such as poverty, social hardship, domestic troubles, and pessimism can all increase the risk of suicide. Physical disease, insolvency, illegal relationships, and drug abuse are all potential suicide triggers.
CONCLUSION
To conclude, my opinion on how suicide has an impact on society are as follows -
1) Every individual of any nation is considered to be its asset, who helps to bring about overall growth, development, increase in GDP and national income, advancement of technologies, cultures, talents, social changes and many more. Therefore, every citizen’s life is important not only to themselves but also to the nation which safeguards them. When talented individuals who have a bright future (or) who can bring about a change in the structure commit suicide because of various issues leading to them making hasten decisions, the nation loses its asset and one of the talents which it may not be able to replace. EXAMPLE – Regardless of the fact whether Sushant Singh Rajput committed suicide (or) not, Bollywood lost one of its most talented actors and India lost one of its assets. Many famous personalities commit suicide such as Authors, Directors, Actors, Poets, Journalists and Activists etc. All these individuals could bring about social changes using their talents through the medium of television, newspapers, articles, books and media etc. Most of them also have millions of followers who just follow what their ideals do regardless of whether they are right (or) wrong. These followers, especially children tend to commit suicide following their ideals which is not rare in India. Children tend to follow their ideals easily, EXAMPLE- Actors may consume drugs in movies that are portrayed to be something cool and many children follow the same harmful thing.
2) When more and more individuals commit suicide, it shows various issues that exist in our society which we tend to ignore intentionally.EXAMPLE – High level of poverty, lack of employment opportunities, family and societal pressure, rapes, harassments and molestation of every kind, discrimination, racism, inequality, stress, abuse, trauma and mental illness etc.There are various reasons due to which an individual may commit suicide? This clearly shows us inefficiently in dealing with various issues that lead to social differences and underdevelopment of any country.
3) Just like sex education, even mental health should be given much importance and should be included in every curriculum.
4) Free and compulsory education as promised by Article 21A should be carried out effectively as education is the most important element that helps in the eradication of poverty and helps people understand the fact that we are no more in the 19th CE to follow caste, class, religious and gender biases.
5) More job opportunities need to be provided for individuals to reduce their financial stress and violence in families.
6) There must be measures in place to ensure that nothing encourages suicide bombers, hunger strikes, or other types of protests that seek to put undue pressure on the government to bend on its demands.
7) We must not fail our future generations by taking up hasten steps but rather try to bring about a change in society to avoid more suicides from happening.
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Citations: [1]The Opinion, Suicide- From A Legal Perspective And Its Legal Repercussions Medium (2020), https://medium.com/the-%C3%B3pinion/suicide-from-a-legal-perspective-and-its-legal-repercussions-d43b03c76ea2(last visited Jun 1, 2021).
[2] Ibid.
[3] Sanjeev Sirohi Advocate, Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous Legal Articles in India (2020), http://www.legalservicesindia.com/law/article/1651/5/Mens-Rea-For-Section-306-IPC-Cannot-Be-Assumed-To-Be-Ostensibly-Present-But-Has-To-Be-Visible-And-Conspicuous(last visited Jun 1, 2021). Share this
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