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English Release 31-October 2014
Date Month Year
  • President's Secretariat
  • Education will be the single biggest transformative factor in catapulting India into the league of developed nations, says President
  • President of India congratulates Pankaj Advani on achieving 12th world title in Leeds
  • President pays floral tributes to Sardar Vallabhbhai Patel
  • Prime Minister's Office
  • Text of PM’s address at 'Run For Unity' at Rajpath on the occasion of Rashtriya Ekta Diwas
  • PM receives personal belongings of Sardar Patel, on his 139th birth anniversary
  • Sidelights – Run For Unity Event at Rajpath, New Delhi
  • PM flags off, joins Run For Unity on Sardar Patel Jayanti
  • PM remembers Smt. Indira Gandhi on her Punya Tithi
  • PM pays tributes to Sardar Patel on his birth anniversary
  • Election Commission
  • General Election to Legislative Assemblies of Jharkhand and Jammu & Kashmir 2014 - Allotment of Broadcast/Telecast time to Political Parties – regarding
  • Min of Agriculture
  • Kharif Rice Area Coverage
  • Min of Commerce & Industry
  • Index of Eight Core Industries (Base: 2004-05=100), September, 2014
  • Department of Commerce calls for creative participation for India’s participation at Hannover Messe
  • Min of Defence
  • Minor Incident Involving Naval Ship
  • Indian Warships Visit to Port Louis
  • Ministry of Finance
  • Auction for Sale (Re-Issue) of Government Stocks
  • Major Focus of the Government is to Bring Back the Growth Momentum: Finance Minister
  • Auction for Sale (Re-Issue ) of ‘8.30 per cent Government Stock, 2040’
  • Auction for Sale of a new Government Stock of 19 Years
  • Auction for Sale (Re-Issue ) of ‘8.60 per cent Government Stock, 2028’
  • Auction for Sale (Re-Issue) of ‘8.27 per cent Government Stock, 2020’
  • Subash Chandra Garg Relieved to take up His New Assignment As Executive Director, World Bank, Washington D.C.
  • Rajiv Mehrishi takes over as Secretry, Department of Economic Affairs, Ministry of Finance
  • Min of Health and Family Welfare
  • MoU with Spain on organ transplantation soon
  • Min of Home Affairs
  • MoS Home Kiren Rijiju participates in ‘Run for Unity’
  • Text of Home Minister's speech at NPA, Hyderabad
  • Cyber Crime Prevention Strategy will be Strengthened: Home Minister Shri Rajnath Singh
  • Home Secretary Administers Rashtriya Ekta Diwas Pledge
  • “Police Stations should become Temples of Justice,” says Rajnath Singh
  • Min of Human Resource Development
  • 2nd Meeting of SAARC Education Ministers Held
  • Min of Parliamentary Affairs
  • Standing Committee on Railways invites suggestions on Railways(Amendment) Bill, 2014
  • Min of Personnel, Public Grievances & Pensions
  • Central Armed Police Forces (Assistant Commandants) Examination, 2014 Declaration of Result of Written Part
  • Min of Petroleum & Natural Gas
  • Constitution of Steering Committee for successful implementation of “Make in India” campaign in the Oil and Gas Industry.
  • Global crude oil price of Indian Basket was US$ 84.77 per bbl on 30.10.2014
  • Ministry of Railways
  • Railway Protection Force hosting 15th All Indian Police Band Competition
  • Min of Road Transport & Highways
  • Institute of Driving Training & Research to be inaugurated tomorrow at Pune
  • Electronic Toll Collection System makes Delhi-Mumbai Drive Faster and Cheaper
  • Ministry of Water Resources
  • Storage Status of 85 Important Reservoirs of the Country as on October 30, 2014
  • Min of Women and Child Development
  • SRB to be raised by 10 basis points every year

Previous Date

 
Ministry of Law & Justice 21-October, 2008 17:42 IST
Law Commission Recommends Humanization and Decriminalization of Attempt to Suicide
The Law Commission of India has in its 210th report has recommended Humanization and Decriminalization of Attempt to Suicide. The report has recently been forwarded by the Chairman of the Commission, Dr. Justice AR. Lakshmanan, former Supreme Court Judge to the Union Law Minister, Dr. Hans Raj Bhardwaj.

The Law Commission had undertaken revision of the Indian Penal Code as part of its function of revising Central Acts of general application and importance. In its 42nd Report submitted in 1971, the Commission recommended, inter alia, repeal of section 309. The Indian Penal Code (Amendment) Bill, 1978, as passed by the Rajya Sabha, accordingly provided for omission of section 309. Unfortunately, before it could be passed by the Lok Sabha, the Lok Sabha was dissolved and the Bill lapsed. The Commission submitted its 156th Report in 1997 after the pronouncement of the judgement in Gian Kaur, recommending retention of section 309.

However, it is felt that attempt to suicide may be regarded more as a manifestation of a diseased condition of mind deserving treatment and care rather than an offence to be visited with punishment. The Supreme Court in Gian Kaur focused on constitutionality of section 309. It did not go into the wisdom of retaining or continuing the same in the statute. In view of the views expressed by the World Health Organization, the International Association for Suicide Prevention, France, decriminalization of attempted suicide by all countries in Europe and North America, the opinion of the Indian Psychiatric Society, and the representations received by the Commission from various persons, the Commission has resolved to recommend to the Government to initiate steps for repeal of the anachronistic law contained in section 309, IPC, which would relieve the distressed of his suffering. It needs mention here that only a handful of countries in the world, like Pakistan, Bangladesh, Malaysia, Singapore and India have persisted with this undesirable law.

The criminal law must not act with misplaced overzeal and it is only where it can prove to be apt and effective machinery to cure the intended evil that it should come into the picture.

In our country, attempt to suicide is an offence punishable under section 309 of the Indian Penal Code. Section 309 reads thus:

Attempt to commit suicide. “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.”

Article 21 of the Constitution of India enjoins that no person shall be deprived of his life or personal liberty except according to procedure established by law.

A Division Bench of the Supreme Court in P. Rathinam v. Union of India (AIR 1994 SC 1844) held that the right to live of which Article 21 speaks of can be said to bring in its trail the right not to live a forced life, and therefore, section 309 violates Article 21. This decision was, however, subsequently overruled in Gian Kaur v. State of Punjab (AIR 1996 SC 946) by a Constitution Bench of the Supreme Court, holding that Article 21 cannot be construed to include within it the ‘right to die’ as a part of the fundamental right guaranteed therein, and therefore, it cannot be said that section 309 is violative of Article 21.

*****

ST/-
(Release ID :43986)

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