Woman Tried Killing Herself Recently and It Didnt Work and She Tried Again
Ind Psychiatry J. 2014 Jan-Jun; 23(1): 4–9.
(De-) criminalization of attempted suicide in Bharat: A review
Rajeev Ranjan
Department of Psychiatry, All Republic of india Plant of Medical Sciences, New Delhi, India
Saurabh Kumar
Department of Psychiatry, All India Institute of Medical Sciences, New Delhi, India
Raman Deep Pattanayak
Department of Psychiatry, All India Institute of Medical Sciences, New Delhi, India
Anju Dhawan
1National Drug Dependence Handling Centre, All India Establish of Medical Sciences, New Delhi, India
Rajesh Sagar
Department of Psychiatry, All India Institute of Medical Sciences, New Delhi, India
Abstract
Attempted suicide is a serious problem requiring mental wellness interventions, simply it continues to be treated as a law-breaking under the section 309 of Indian Penal Lawmaking. The article reviews the international legal perspective across various regions of the globe, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in India. The Mental Health Intendance Bill, 2013, still under consideration in the Rajya Sabha (upper house), has proposed that attempted suicide should not be criminally prosecuted. Decriminalization of suicidal try will serve to cut down the undue stigma and avert penalty in the aftermath of incident, and lead to a more accurate collection of suicide-related statistics. From a policy perspective, it will further emphasize the urgent need to develop a framework to deliver mental health services to all those who effort suicide.
Keywords: Attempted suicide, decriminalization, India
Suicide attempt can be divers as a non-fatal cocky-directed potentially injurious behavior with an intent to die.[1] More than 1 lakh persons (1,35,445) in India lost their lives past committing suicide in the year 2012 lonely. The number of suicides in the state during the decade (2002-2012) has recorded an increment of 22.7% (1,35,445 in 2012 from ane,10,417 in 2002).[2] Attempted suicide are at least 20 times more common than the completed suicide.[three] Of all those who engage in non-fatal suicidal behaviors, one-tertiary echo the beliefs within a twelvemonth and about 10% somewhen commit suicide.[iv,5] Near countries across the world no longer criminalize the suicidal attempts, yet India has continued to hold it as a punishable offence. The recently drafted Mental Health Care Bill, 2013, introduced to the Rajya Sabha (upper business firm), makes an attempt to rectify it but is yet under consideration. Till date, suicide continues to exist a criminal offense.
Research suggests that psychiatric illness constitutes a major crusade for nonfatal suicidal behavior. Take chances factors for non-fatal suicide attempts by adults or youth include low and other mental disorders.[6,7,8] Other chance factors are childhood adversities such as sexual/physical abuse, corruption of booze or drugs, stressful life events such as death of a loved one, loss of a job or relationship, financial bankruptcy, imminent criminal prosecution and suffering from, or having recently been diagnosed with, a terminal illness.[9] Essentially, people who endeavour suicide are in demand of help rather than penalisation in view of association with a high psychiatric or psychological morbidity. The philosophical dilemmas surrounding the private's right to life and decease has been debated, admitting inconclusively, across several disciplines with differing outlook and perspectives.[10,11,12,thirteen]
The article reviews the Indian and international legal perspective of attempted suicide, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in Republic of india. For the same, a review of published scientific literature was undertaken and the information from some Indian sources/reports was incorporated. Information technology was felt that the md-assisted suicide/euthanasia is a subject field for carve up discussion and is out of scope for present newspaper.
LEGAL STATUS OF ATTEMPTED SUICIDE: INDIAN SCENARIO
According to Article 21 of the Indian constitution, "No person shall be deprived of his life or personal liberty except according to procedure established past the law". While the constitution covers the right to life or liberty, it does not include the 'right to dice'. The attempts at taking one's own life are not considered to autumn under purview of constitutional correct to life.
Department 309 of the Indian Penal Code (IPC) clearly states as follows: "Whoever attempts to commit suicide and does any act towards the commission of such offence, shall exist punished with simple imprisonment for a term which may extend to one year or with fine or both."
Several questions are raised in the context of department 309. Kickoff, it comes under the category of crimes divers under Chapter XVI of Indian penal code. All other crimes in this category include those committed to the 'homo body of the other person' and suicidal endeavor is clubbed with them in aforementioned category of crimes. The act of attempted suicide is inferred on basis of intention, which is inferred from circumstances. But the intention may be unclear or ambiguous in many cases. Farther, the question of legal treatment of attempted suicide as a crime against state does non find many takers.
Delhi High court in a landmark judgment of 1985 had commented that "the constancy of Section 309 I.P.C. (criminalizing suicide) is an anachronism unworthy of a human lodge similar ours." The Indian Penal Code had been formulated during British Raj Regime of 1860, and was mainly governed by British law of that time. Ironically, India continues to follow the primitive law even though Britain itself had decriminalized suicide fashion dorsum in 1961.
It is to be noted that the abetting of the commission of suicide (but non the abetting of attempt to commit suicide) is covered nether Section 306 IPC and the abetment of suicide of a child is covered under Section 305 IPC. The penalty for these varies from 1-x years of imprisonment and heavy fines. Repealing of Section 309, per se, would not affect or impact the above sections on abetment of completed suicide.
LEGAL STATUS OF ATTEMPTED SUICIDE: A REVIEW OF INTERNATIONAL SCENARIO
Much of the legal stance against suicide originated from the declaration past St. Augustine of suicide being a sin (354-430 CE). Historically, the influence of religious institutions was instrumental in shaping the legal stance favoring the criminalization of suicidal attempts. After the French Revolution, along with other socio-cultural changes in Europe, the attitude towards suicide and attempted suicide gradually started to change.[14,15] During 19th and 20th century, almost of the developed countries take repealed criminalization of attempted suicide, but some countries including India, continue to treat suicidal effort as a criminal offense.
Countries with criminalization of attempted suicide
Countries that have retained attempted suicide as a criminal offense are mainly from ii regions viz. N African region and South Asian region.
In the African region, Kenya, Republic of malaŵi, Nigeria, Rwanda, Tanzania, Ghana and Republic of uganda are among the countries that currently criminalize nonfatal suicidal behavior. For instance, In Rwanda, a person who engages in nonfatal suicidal beliefs is liable, on conviction, to a 2-5 year prison sentence. In Uganda, not-fatal suicidal beliefs is a felony punishable by up to 2 years imprisonment. In Ghana Criminal Code (Act 29, 1960), not-fatal suicidal behavior is considered a crime.[16,17,18]
In the South Asian region, Bharat, Pakistan, Malaysia, Singapore, Bangladesh are among the countries that continue to criminalize the suicidal attempt. In Singapore, a person who attempts suicide tin exist imprisoned for up to ane year. Additionally, North korea likewise criminalizes suicide with a peculiar deterrent, where the family unit and relatives of the suicide victim might be penalized as a class of collective penalization for the human activity of suicide.[nineteen]
Countries with decriminalization of attempted suicide
Countries that have decriminalized attempted suicide have continued to criminalize the abetment to suicide, suicide pacts and at times, deliberate cocky-harm.
In the Australian country of Victoria, the survivor of a suicide pact can be charged with manslaughter and abetting other person'southward suicide. In New Zealand, the abetment of the suicides of others is a crime and similarly in Russia, inciting someone to suicide is punishable by up to 5 years in prison. Attempted suicide has been decriminalized in Republic of ireland equally early on as 1993, simply self-impairment is non seen as a form of attempted suicide. Suicide and attempted suicide are not crimes under the Roman-Dutch law. Some of the states (Alabama, Oregon and Southward Carolina) of U.South. continue to have laws against suicide pacts, aiders and abettors, and for insurance purposes. Merely a few countries from South asia, which include Srilanka, Indonesia, Maldives and Thailand practice not care for attempted suicide equally a crime.
Currently, World Health Arrangement identified 59 countries across the globe that accept decriminalized suicide.[3] As seen from to a higher place, the attempted suicide has been decriminalized in whole of Europe, North America, much of South America and few parts of Asia.
Decriminalization of suicidal attempt occurred relatively tardily in countries which were influenced past the English common law. Similarly, the legal and coroners' involvement in suicide certification tends to exist much higher in these countries compared to the continental Europe and Scandinavian region where doctors are immune to certify suicidal deaths without recourse to legal government. [Table 1].[xx,21]
Table one
Countries which decriminalized attempted suicide
ARGUMENTS Against DECRIMINALIZATION: ARE THEY VALID?
Two major kind of arguments are by and large put forth for criminalization of suicidal attempts, though in the contemporary political and sociocultural times, these have been challenged.
The commencement major statement is rooted in the religious belief that but God should have the correct to dictate the stop of life of a person and when a person attempts to cease the life himself or herself, information technology should be considered equally a sinful deed. Traditionally, suicide has been condemned past religions across the world. In some ethnic groups, the suicidal deaths are kept devoid of the customary funeral rituals. In Hinduism, information technology is believed that death by suicide do not lead to accomplishment of salvation (moksha). In general, suicidal death is associated with bringing dishonor to the entire lineage, social stigma and other consequences.[11] But at the same fourth dimension, many religions have also hailed suicide every bit necessary in certain situations or circumstances. The ancient Hindu living principles sanctioned some suicides such as, to expiate sins such as incest, those suffering from incurable illness and unable to perform their religious duties, 'sati' (a once-culturally sanctioned practice where widow commits suicide by jumping in the burning pyre of dead hubby). Similarly many Rajput women from India chose death over humiliation in the aftermath of war. Jainism have canonical of the practice of ending one'south life past one's ain act in sure circumstances (Sallekhana), while condemning it in other circumstances. The mental attitude of Buddhism has been ambiguous, though it has encouraged donating suicide under certain circumstances.
Some other major argument for criminalization is the belief that law tin can human activity as a deterrent against other such attempts in the society.[12] However, it is notwithstanding not clear whether having a constabulary to prosecute suicide attempters indeed acts every bit a deterrent or not. Internationally, the research on the impact of repeal of anti-suicide legislation has yielded mixed results. In 1992, Lester compared suicide rates in Canada in the 10-year periods before and later decriminalization of suicide, and found no increase in the rate of suicide following decriminalization. Similarly, no alter was observed in the New Zealand during the decade before or later decriminalization [Lester (1993)]. Lester (2002)[22] compared the suicide rates in seven countries (Canada, England and Wales, Finland, Hong Kong, Ireland, New Zealand, and Sweden) 5 years prior and 5 years post-obit decriminalization, with an increment in the suicide rates after decriminalization of suicide. This increase in suicide rates can be perhaps explained due to better reporting of such attempts every bit before they could take been reported as accidents to prevent legal hassles.
In Indian context, while the level of awareness nearly existence of department 309 cannot exist deemed to be too high, but a meaning proportion are aware of its existence, merely non deterred to make a suicidal attempt. A study of 200 attempted suicides in a General Hospital Emergency facility revealed that 46.ii% males and 26.vi% females were aware of the existing constabulary before making the attempt.[12]
WHAT Can BE ACHIEVED WITH DECRIMINALIZATION?
The criminal prosecution and the imposition of custodial and financial penalties on those convicted of suicidal behaviors establish an barb to human dignity.[11] In a large majority, the suicidal behavior is typically a symptom of psychiatric illness or is an act of psychological distress, indicating that the person requires assistance in his personal and psychological life, not penalization past fine and/or imprisonment. As many as 93% of suicide attempters were constitute to be psychiatrically sick at the fourth dimension of commission of the act, though a psychiatric contact was established by only 33-fifty% of them. Penal sanctions will only serve to exacerbate suicidal persons' take chances for depression, anxiety, and repetitive suicidal behavior.[18]
Further, many a times, the suicidal behavior is a event of a host of factors, some of which are exterior a person'due south control, such equally endogenous biological causes, socioeconomic causes such as poverty, frustration in love, setbacks in finances, family or other such reasons. Technically, it may non be considered equally an offence confronting the state. On the contrary, the country itself may be indirectly responsible for the plight of the victim who is left with no other culling, except but to terminate his life.[23]
In Indian context, the cases admitted after attempted suicide should accept a 'medico-legal' stamp on the example tape which is confidential and kept in safe custody. The Medical Superintendent of the hospital is required to inform the police for the necessary proceedings and activeness. The police unremarkably visit the hospital and collects information nearly the circumstances of the suicide endeavour from the person/family unit. There are oftentimes unnecessary delays or even refusals from hospitals, fear of punitive action and added trauma and stigma of having to deal with police and courts. The following example demonstrates the harsh reality and untoward consequences of criminalizing suicide for the individual and family.
A twoscore-year-old male, clerk, from heart socioeconomic condition suffered from a depressive disease and tried to commit suicide past consuming the insecticide, only family unit members found out and took him to a nearby hospital immediately. The infirmary refused to acknowledge him due to fright of legal hassles associated with attempted suicide; finally the family members took him to another hospital and had to written report the case equally accidental overdose in social club to avoid further delay. From a legal perspective, what happens to this person in case his life is saved? He is, so, prosecuted for a crime under department 309 IPC!
Most importantly, every bit a bulk of attempted suicides are reported to the authorities to be accidental, and then the necessary emotional and mental health support is not available to those who have attempted suicide. With decriminalization, the patients and their families will be in a better position to openly seek mental wellness care after the try.
From a societal perspective, decriminalization is a more sensitive and humane mode of dealing with the problem compared to prosecution. Additionally, information technology will also assist in improving the reporting and generation of amend epidemiological data on suicidality. The criminalization of suicidal acts causes the problem of suicide to go underground, making it hard for suicidal persons to receive necessary aid.[16] Improved and authentic statistics can help in improve planning and resource allocation for efforts towards suicide prevention.
PROSECUTION OF ATTEMPTED SUICIDE IN INDIA: CASE EXAMPLES
Three different categories of attempted suicide are presented as example examples in guild to delineate the multifariousness of circumstances and the differential role played by police or state.
Offset, the contempo high profile cases of fasting unto death for a social or political cause. Anna Hazare announced the fast-until death in Baronial, 2011 in Delhi to demand for a stronger Lokpal legislation empowering people. He connected it for 12 days with public support, after which the police intervened when physicians reported a danger to health. Similarly, Iron Lady of Manipur- Irom Chanu Sharmila'due south hunger strike started a decade dorsum in society to need the repeal of Armed Forces Special Powers Act in the state of Manipur. She is being force-fed through a nasal tube and has been arrested/released multiple times by the police. These are the instances in which public persons or leaders stake their lives for a public cause or to protestation the land's policy. State has intervened in virtually such cases peculiarly when the health deteriorates or there is an immenent danger to life.
Second one is 'santhara or Salekhana' an age-sometime religious practice followed in Jainism. It is substantially a spiritual decision to abandon the body, purify 1 soul and accomplish salvation. On 1 paw, the articles 25, 26 and 29 in Indian constitution protects all religious practices, simply at the same time, it is as well punishable nether section 309 IPC. In practice, the state does not steer in the way of the religious practices aimed to finish one's life. A public interest litigation (PIL) has been filed before High court of Rajasthan for announcement of 'salekhana' equally illegal practice, merely a final verdict is notwithstanding awaited.
Third 1 is the more than common scenario where suicidal attempts occur in the background of adverse life events or stressors. For instance, Mumbai police filed criminal charges on a woman from Versova who attempted suicide after seeing her boyfriend die a violent death (as reported in popular media in the month of January, 2012). Another example is of Mr. Jain, unemployed, bankrupted past health-intendance costs for a heart ailment and raising v daughters between the ages of 6 and 16, tried to kill himself with an overdose of sedatives. He was convicted for the attempt, though was sentenced to prison for just the token time that the court remained in session. In his verdict, the Additional Sessions Estimate remarked that the 'attempts to commit suicide are made due to farthermost poverty and helplessness. There is no justification for imposing astringent penalty on such convicts.' (as reported in The Globe and Mail, 2012).
As seen from higher up, the constabulary enforcement officials do non usually interfere wherever religious sentiments can be injure. In instance of political or mass leaders announcing the fast until expiry for their demands to be met, discretion is used and forcefulness-feeding is done after health deterioration. While bulk of attempted suicide are reported or dismissed equally adventitious, but there have been occasions when charges accept been filed confronting individual persons who attempt suicide after stressful life events.
In the recent times, the court verdicts, however, accept supported the humane treatment of suicide attempters. Not a single judgment was given by Supreme Court which support suicide as a crime over the past one decade. Supreme Court in landmark judgment in March 2011, while giving guideline to passive euthanasia, had recommended to Parliament to consider decriminalizing try to suicide saying the provision had become anachronistic. Regime had agreed to the proposal to bring out an amendment to delete section 309 IPC. As it comes in concurrent list (central and state regime), therefore, the key authorities took the approval of 25 out of 29 states. Finally, the Mental Health Care Bill, 2013 which was beingness revised and drafted during that time incorporated the sub-sections for decriminalization.
Recent ATTEMPTS TOWARDS DECRIMINALIZING SUICIDE IN INDIA
The Indian judiciary and polity both accept recognized the need to repeal the section and several attempts have been made starting from 1970, as summarized in Table two. Supreme Court had recommended to Parliament to consider decriminalizing attempt to suicide, saying the provision had get anachronistic. Eventually, it was included in a few sections of the recently drafted Mental Health Care Bill 2013 which has recently been introduced to Rajya Sabha, and is still pending an approval earlier it can take effect equally a law. Some experts are of the stance that the Indian Penal Code should be amended through a separate bill, and not under Mental Health Intendance Pecker.
Table 2
Landmarks in repealing the section 309 IPC
Some sections of the proposed mental health care bill which are relevant for decriminalization include:
-
Section 124 of the bill describes nigh the decriminalization of the 'try to commit suicide'
-
Section 124 (one) recognizes person who has attempted to commit suicide is exempted from penalisation under the I.P.C as presumed to be 'suffering from a mental affliction unless proven otherwise'
-
Section 124 (2) recognizes the suffering beingness undergone past a person who attempt suicide and seeks to provide them with intendance and consideration, instead of subjecting them to criminal prosecution.
Issues AND CHALLENGES: THE Road Ahead
Even if the proposed Mental Health Care Bill is implemented as a law in most future in India, some issues demand to be deliberated in more particular. Department 124 states that the person may exist exempt from 'penalisation' and not 'prosecution'. A possibility will remain that the police tin remand a person who attempted suicide in custody and produce before a magistrate since the presumption of the law is that the 'person with attempted suicide has a mental affliction.' Magistrate has powers (under Section 111 of the Neb) to see that any person with mental illness is conveyed to a public mental health establishment for assessment/treatment for up to ten days. Therefore, the persons with attempted suicide may continue hesitate in seeking medical treatment afterwards a suicidal endeavour, because of perceived fear of possible institutionalization confronting their ain volition. Other issues related to possible misuse of to a higher place provision may ascend e.g. in example of victims of attempted suicide in the background of domestic violence. Whether the decriminalization of suicidal attempts should be washed through a split amendment (rather than equally function of mental health care pecker) with more careful consideration of diverse relevant problems which may arise in the context of suicide attempts, remains open to debate.
With a shift in official position from 'legal' to a 'medical' model of attempted suicide, an important challenge from a policy perspective will be to provide an admission to mental wellness treat all those with attempted suicide. Patients presenting with an attempted suicide should be advised for a psychiatric consultation in all cases. In this context, in that location is a tremendous demand to allocate the necessary resources for strengthening the primary mental health care services in all districts of the country.
There is a demand to further increment the emphasis on the public health arroyo to suicide prevention e.1000. increased awareness generation, restrictions on access to normally used lethal methods of suicides (insecticides, prescription medications) and control over facilitating factors such as booze. In that location is a need to develop an effective framework integrating the mental health with social welfare, education and other related sectors.
To conclude, the contempo steps to achieve decriminalization of suicide in Republic of india are commendable, just were long overdue. Decriminalization will reduce the trauma and potential prosecution in the aftermath of a suicidal try. However, there is a need to improve the mental health coverage and provide a framework to deliver essential mental health services to all those who attempted suicide.
Footnotes
Source of Support: Nil.
Conflict of Interest: None alleged.
REFERENCES
1. Krug E. Vol. 1. Genèva: World Health Organization; 2002. World Written report on Violence and Health; p. 185. [Google Scholar]
ii. Adventitious deaths and suicide in Republic of india. National Crime Records Bureau. Ministry of Dwelling house Affairs. 2012. [Last accessed on 2014 Sep 18]. Available from: http://ncrb.nic.in/CD-ADSI-2012/ADSIHome2012.htm .
4. Pirkis J, Beautrais A, Durkee T. Suicide attempts in New Zealand and Australia. In: Wasserman D, Wasserman C, editors. Oxford Textbook of Suicidology and Suicide Prevention: A Global Perspective. Oxford: Oxford University Press; 2009. pp. 127–31. [Google Scholar]
5. Silverman K. Suicide attempts in North America. In: Wasserman D, Wasserman C, editors. Oxford Textbook of Suicidology and Suicide Prevention: A Global Perspective. Oxford: Oxford Academy Press; 2009. pp. 117–21. [Google Scholar]
half dozen. Kessler RC, Borges G, Walters EE. Prevalence of and gamble factors for lifetime suicide attempts in the National Comorbidity Survey. Arch Gen Psychiatry. 1999;56:617–26. [PubMed] [Google Scholar]
7. Chang B, Gitlin D, Patel R. The depressed patient and suicidal patient in the emergency section: Bear witness-based direction and treatment strategies. Emerg Med Pract. 2011;13:1–23. [PubMed] [Google Scholar]
8. Bertolote JM, Fleischmann A, De Leo D, Wasserman D. Psychiatric diagnoses and suicide: Revisiting the evidence" Crisis. 2004;25:147–55. [PubMed] [Google Scholar]
9. Joiner T. Cambridge: Harvard University Printing; 2010. Myths about suicide. [Google Scholar]
11. Yadwad BS, Gouda HS. Is attempted suicide and offence? J Indian Acad Forens Med. 2005;27:108–xi. [Google Scholar]
12. Latha KS, Geetha Due north. Criminalizing suicide attempts: Can it be a deterrent? Med Sci Police force. 2004;44:343–7. [PubMed] [Google Scholar]
13. Kahn DL, Lester D. Efforts to decriminalize suicide in Republic of ghana, India and Singapore. Suicidol Online. 2013;iv:96–104. [Google Scholar]
14. Sareen H, Trivedi JK. Legal implication of suicide issues specific to Due south Asia. Delhi Psychiatry J. 2009;12:121–5. [Google Scholar]
fifteen. Trivedi JK. Punishing attempted suicide a anachronism of 20thursday century. Indian J Psychiatry. 1997;39:87–ix. [PMC costless commodity] [PubMed] [Google Scholar]
16. Wendo C. Suicide cases on the rise-Survey. The New Vision. 2007. Aug 31, [Last accessed on 2014 Sep 18]. Bachelor from: http://www.newvision.co.ug/PA/eight/12/584299 .
17. Schlebusch Fifty, Burrows Due south. Suicide attempts in Africa. In: Wasserman D, Wasserman C, editors. Oxford Textbook of Suicidology and Suicide Prevention: A Global Perspective. Oxford: Oxford University Press; 2009. pp. 105–8. [Google Scholar]
eighteen. Adinkrah Thou. Criminal prosecution of suicide try survivors in Republic of ghana. Int J Offender Ther Comp Criminol. 2013;57:1477–97. [PubMed] [Google Scholar]
19. Jiang Grand, Cheng Q. Suicide attempts in Asia. In: Wasserman D, Wasserman C, editors. Oxford Textbook of Suicidology and Suicide Prevention: A Global Perspective. Oxford: Oxford University Press; 2009. pp. 109–12. [Google Scholar]
twenty. Neelman J. Suicide as a crime in the UK: Legal history, international comparisons and present implications. Acta Psychiatr Scand. 1996;94:252–7. [PubMed] [Google Scholar]
21. Rutz EM, Schmidtke A. Suicide attempts in Europe. In: Wasserman D, Wasserman C, editors. Oxford Textbook of Suicidology and Suicide Prevention: A Global Perspective. Oxford: Oxford University Press; 2009. pp. 123–6. [Google Scholar]
22. Lester D. Decriminalization of suicide in seven nations and suicide rates. Psychol Rep. 2002;91:898. [PubMed] [Google Scholar]
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Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4261212/
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