Did you know suicide was a crime in India?
- Mohit Matta

- Jul 5, 2020
- 4 min read
“Place your hand over your heart, can you feel it? That is called purpose. You’re alive for a reason so don’t ever give up.”
The term suicide means the killing of oneself. According to the WHO report of 2016, the suicide rate in India was 16.5 as per 100,000 people, which was higher than the global average of 10.5 as per 100,000 people. India had the highest suicide rate in the South East Asian region in 2016. Around 800,000 people commit suicide every year in the world.
The information or reports are generally gathered from the First Information Report (FIR) registered from the police. The reporting of suicide faces many challenges such as stigma attached to suicide deaths, post-mortem procedures, and legal issues involved in suicide.
The first act that addressed lunacy was “The Indian Lunacy Act, 1912”. The Act was a British invention. The act stressed that the lunatics be locked in asylums. It focused more on removing the mentally ill from society rather than their treatment or cure. Naturally, this law had to be removed and in the year 1950, members of INDIAN PSYCHIATRIC SOCIETY (IPS) came together to draft a bill to replace it.
Did you know suicide in India till the year 2017-18 was punishable? A suicide survivor could be made to undergo a trial at court or penalized legally for a failed attempt at taking his or her own life.
In the landmark judgment of Gian Kaur v. State of Punjab, where the court overruled its previous ruling that,
“Article 21 cannot be interpreted to include within it the ‘right to die’, and thus, it cannot be said that Section 309 of Indian Penal Code is violative of Article 21.”
Section 309 of the Indian Penal Code stated, “Whoever attempts to commit suicide and does any act towards the commission of such offense shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both”.
In 1971 and again in 2008, the Law Commission of India suggested to delete Section 309, but the debate remained around suicide instead of understanding the mental health.
However, the New Mental Health Care Act 2017, (came in effect from July 2018), Section 115, has decriminalized suicide stating that unless proved otherwise the person who attempts suicide shall be presumed to be under severe stress.
As per The Mental Health Care Act, 2017, the government is liable to provide care and rehabilitation and treatment to the suicide survivor. Section 20(1) of the Act 2017 asserts, ‘every person with mental illness shall have a right to live with dignity’. Also exposing children to electric shocks and sterilization of adults as a form of treatment for mental illness has been barred. Electric shocks can only be given to adults with mental illness but following with muscle relaxants and anesthesia. The mentally ill patients shall no longer be chained in treatment establishments.
However, Section 309 of the Indian Penal Code has become “redundant” but it still remains in law books.
Suicide is generally a decision made out of desperation, hopelessness, isolation, and loneliness. The signs of depression include feeling like there is no way out, staying quiet, isolation, feeling like you are trapped, feeling of loneliness.
As the whole country mourns the loss of Sushant Singh Rajput, people are feeling more helpless and demented. The question that remains is how can someone appear so happy in actuality to be so depressed. The truth is that many people go through the same struggle every day. Some will commit suicide. Some will attempt. And some will hand on to death.
50-75% of people who attempt suicide will tell someone about their intentions. So listen to people when they talk. Make eye contact with the person. Convey your affinity.
If you are having any suicidal thoughts or know someone who is suffering from depression, please seek help immediately. Talk about what bothers you. Talk with people. If you need any help to overcome depression, heartbreak, failure, exam stress, you can also call one of the following numbers. They are free and have absolute confidentiality. You can even reach out to us for any such help or guidance.
SUICIDE HELPLINES-




Comments