19 May 2025: The Hindu Editorial Analysis
1. A case for the decriminalisation of suicide
Source – ( Page 6, The Hindu Editorial, 15 May 2025)
| Topic: GS Paper 2 (Governance, Health, Social Justice) |
| Context |
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Constitutional Challenges
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Section 309 of the IPC criminalises attempted suicide, treating it as a punishable offence.
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The Supreme Court in Gian Kaur v. State of Punjab (1996) upheld its constitutionality but subsequent interpretations (e.g., Common Cause v. Union of India, 2018) affirm the right to die with dignity.
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The contradiction between penalising suicide and recognising passive euthanasia raises legal inconsistencies.
Mental Health Framework
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The Mental Healthcare Act, 2017 effectively decriminalised suicide attempts by mandating care and treatment rather than punishment.
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Section 115 of the Act presumes severe stress in suicide attempts and bars prosecution, undermining Section 309 in practice.
Implementation Gaps
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Despite the 2017 Act, suicide survivors are still booked under Section 309 in many states due to lack of awareness and procedural inertia.
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Police discretion and lack of mental health infrastructure aggravate the stigma around mental illness.
Global Best Practices
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Most progressive jurisdictions treat suicide as a mental health issue.
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WHO recommends a compassionate, non-punitive response.
Way Forward
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Repeal Section 309 entirely to align with the right to life and human dignity.
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Improve access to mental health care and community-based counselling.
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Train police and medical staff in empathetic, rights-based interventions.
| Practice Question: Critically examine the case for repealing Section 309 of the IPC in the light of the Mental Healthcare Act, 2017 and recent Supreme Court judgments. (GS2 – 250 Words – 15 Marks) |
