Legal breather for Sharmila; govt drops attempted suicide as a crime

Reuters/AP, New Delhi, December 10 India dropped on Wednesday attempted suicide from a list of crimes punishable by prison, potentially paving the way for the release of human rights activist Irom Sharmila, who has been on hunger strike for the past 14 years. Irom Sharmila, who has been on hunger strike since November, 2000, vowed to continue her fast until her demand for withdrawal of AFSPA is met. (Photo : Mint) The government informed Parliament of its decision in a written reply from the home ministry on Wednesday, saying it was acting on a recommendation of the Law Commission. People who attempt suicide and survive will no longer be treated as criminals, with the government removing Section 309 of the Penal Code from the statute book, junior home minister Haribhai Parathibhai Chaudhary told Parliament. The government panel for legal reform had deemed the suicide law "anachronistic" and "undesirable" in a 2008 report. Sharmila has been on hunger strike in protest against army atrocities in Manipur. Under the old law anyone attempting to kill themselves is liable for a jail term of a year. She has been under detention throughout her fast, and is force-fed by tubes several times a day. Suicides have been on the rise in India, where thousands of farmers who are unable to pay back loans end their lives every year. The loans - from banks and loan sharks - are often used by farmers to buy seed and farm equipment, or to pay large dowries to get their daughters married. But a bad harvest can put a farmer deeply in debt. The World Health Organization (WHO) has listed India as one of the countries with the highest suicide rates - 21.1 per 100,000 people in 2012. The government said 134,799 people committed suicide in 2013, a rise of 11.9% over the previous year. There was no data on the number of attempted suicides, it said. More than 800,000 people each year worldwide commit suicide -- around one person every 40 seconds -- WHO said in September. Soli Sorabjee, a top Indian lawyer, welcomed the government's decision, saying that a suicide attempt is a manifestation of a person's condition of mind, deserving of treatment and not punishment. Previously, suicide attempts in India were punishable by up to a year in prison or a fine, or both.

Activists support move to decriminalise attempt to suicide

Activists, lawyers and former police officers Wednesday welcomed the central government’s decision to decriminalise attempt to suicide. Senior advocate of Supreme Court and founder director of Human Rights Law Network Colin Gonsalvis said the decision of the government “was excellent”. “There is no point in punishing the person who is already in depression and has no hope of life. It is a cruel clause,” Gonsalvis told IANS. Ranjana Kumari, director of Centre for Social Research, said: “It is a good move. A person who attempts suicide is not a criminal but is suffering from psychological or mental sickness which can be rectified.” “We should be sensitive and responsible towards such situations so that timely preventive steps are taken,” Kumari said. Activist and lawyer Vrinda Grover supported the decision but said it should have been taken long back. She said there was no point in making a case against a person who is already in too much of despair. “This step should have been taken long ago,” she said. Former Indian Police Service officer Kiran Bedi told IANS: “It’s good that the government is removing offence of ‘attempt to commit suicide’ from the Indian Penal Code. Such a person needs healing not arrest, or punishment.” She said non-government organisations can counsel a person who resorts to such extreme step. Former Delhi Police commissioner Y.S. Dadwal also welcomed the decision of the government. Union Minister of State for Home Affairs Haribhai Parthibhai Chaudhary told the Rajya Sabha Wednesday that the government had decided to delete Section 309 of IPC from the statute book based on recommendations of the Law Commission and consultations with states.