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Journey Of Decriminalisation Of Suicide In India And Comparison Of Framework With Netherlands

 



Aasiya Haider, VIPS, GGSIPU


ABSTRACT


This paper aims to review the chronological development of the decriminalisation of suicide through judicial decisions and simultaneous legislation in India. The British administration in colonial India penalised attempted suicide under section 309 of the Indian Penal Code, 1860. The British parliament decriminalised attempt to suicide by enacting the Suicide Act, 1961 in England but India continued to retain it. Section 309 was criticised and attempts were made to amend it through judicial decisions and

introduction of Mental Healthcare Act (MHCA), 2017. The innovative right of ‘Right to die with dignity’ was interpreted to be included in the right to life by the judiciary during the discussion upon suicide too. The recent passing of Bhartiya Nyaya Sanhita (BNS) has provided better clarity as it

doesn’t replicate such a section.




Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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