The Legal And Historical Journey Of Suicide Decriminalization In India
- IJLLR Journal
- 10 hours ago
- 2 min read
Aarushi Mishra, ILS Law College, Pune, Sidhant Verma, ILS Law College, Pune
ABSTRACT
The decriminalization of attempted suicide in India marks a new change in the nation's stance toward mental health and societal welfare. Suicide has become one of the major causes of death, constituting a major part of worldwide statistics. The move is timely and long overdue. The IPC earlier provided for Section 309 criminalizing suicide attempts. This is an outcome of colonialism when suicide was treated as a criminal act. It seems to dig through the history of India's suicide for an understanding of how to conceive the cultural, religious, and legal spaces that shape societal perception and its response to suicide attempts.
This article discusses the reasoning behind penalizing suicide attempts and how such laws are counterproductive, as has been emphasized through judicial activism in the past years. It analyzes landmark cases challenging the constitutionality of Section 309, and it shows that there is a shift towards understanding the need for compassion and mental health support instead of punishment in the case of suicidal ideation. The judicial debates that appear in the analysis underscore the evolution of attitudes by Indian courts on criminalization.
In addition, a comparison is also made between the legal position regarding suicide attempts adopted by India and others, and discussion is made concerning international trends concerning decriminalization and mental health advocacy. Evaluations are conducted concerning the impact of the Bharatiya Nyaya Sanhita, 2023 on these discussions. Through such investigation of these themes, this article aims to add to the insight about the issues that prompted suicide and attempts in India to develop a more humane legal framework with generous care for mental health and prevention rather than criminalization.
