Union Minister of State for
Home Affairs Haribhai Parathibhai Chaudhary informed Parliament today that the Union Government
had decided to delete Section 309 of the IPC (attempt to commit suicide), a
decision that will ensure people driven to take their lives do not end up in
prison in case they don’t succeed.
The Minister said the Law Commission of India, in its 210th Report, had
recommended that Section 309 (attempt to commit suicide) of Indian Penal Code (IPC) needs to be repealed
from the statute book.
Chaudhary said since law and
order is a state subject, views of all states and union territories were sought
on the recommendations of the Law Commission. "18 states and 4 union territory administrations have supported
that Section 309 of the IPC may be deleted. Keeping in view the responses from
the States/UTs, it has been decided to delete Sec 309 of IPC from the Statute
book," he said in reply to a written question.
However some states like Bihar,
Madhya Pradesh and Delhi have opposed the move to decriminalize attempt to
commit suicide. Bihar government told the Home Ministry that omitting the
section from IPC would not prove beneficial as there are suicide bombers who
fail to blow themselves and terrorists who consume cyanide so as not to
come let any evidence out. The Sikkim government said, ”Deleting the provision may further weaken
law enforcement.” The Madhya Pradesh government also opposed the
decision of the government and warned of people going to fast until death or commit self
immolation if Section 309 were to be deleted.
Section 309 of IPC makes an
attempt to commit suicide punishable with jail term of up to one year and fine.
Kiren Rijiju, the minister of
state (MoS) for Home Affairs, had in August told Lok Sabha that the Union Home
Ministry is in the process of effacing Section 309 of the Indian Penal Code as
recommended by the Law Commission along with amendment to certain other
sections of the CrPC and IPC in consultation with all stakeholders.
The Law Commission in its 210th
report on “Humanization and Decriminalisation of Attempt to Suicide” had said that
Section 309 needs to be deleted because the provision is inhuman, irrespective
of whether it is constitutional or unconstitutional.
The repeal of the anachronistic
law would relieve the distressed of his/her suffering, it had said.
The Commission had also said
that attempting suicide was “manifestation of a diseased condition of mind”
that called for treatment and care rather than punishment.
Critics of the law say that it
is cruel and irrational because it provides double punishment for a troubled
individual whose deep unhappiness had caused him to try and end his life. They
say it is cruel to inflict additional legal punishment on a person who has
already suffered agony and ignominy in his failure to commit suicide.
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