Why punish those who attempt suicide?

Should a person who attempts suicide, apparently due to some mental sickness, be punished if he or she survives after the incident?

This issue has come under the focus of Law Commission Chairman Justice A R Lakshmanan, who is believed to be looking at proposals which suggest that those who make suicide attempts should not be treated as criminals.

Justice Lakshmanan's study, which may include a fresh look at Section 309 of IPC that prescribes a maximum punishment of one-year jail for such offenders, is also likely to reflect on the need to show compassion and sympathy towards those who survive attempts to end their life.

The Commission's recommendations on the issue are likely to have a major bearing on the way the law treats millions of suicide attempt makers in a country where 13 suicides are committed every hour and, according to rough estimates, over 10 attempts are made for each suicide.

Section 309 of IPC says that whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

The tricky question of whether to treat suicide survivors as criminals or patients has even caught the attention of the Supreme Court on several occasions.

The Supreme Court in 1994 struck down section 309 as unconstitutional on the ground that it amounted to punishing the victim-accused twice. This verdict was, however, reversed in 1996.
 
A Law Ministry official said, "The proposals under the Commission's consideration revolve around giving the victim-accused, who already is under mental stress, a second chance to lead a normal life."

Such people need help and counselling. Punishing them may leave them with a stigma. In societies like Japan, even surviving a suicide attempt is considered to be a stigma, said the official.

Justice Lakshmanan, while giving his recommendation, is also likely to take into account suggestions contrary to that of sympathising with victim-accused.

The law panel is also likely to consider the view that by declaring attempted suicide a penal offence, the IPC upholds the dignity of human life, because human life is as precious to the state, as it is to the holder and state cannot turn a blind eye to a person in attempting to kill himself.