HC: Decriminalise suicide bid by mentally stressed persons

Vijay Arora

Shimla, December 4

With a view to decriminalising of the attempt to commit suicide by the mentally stressed person, the High Court has directed the Chief Secretary to issue guidelines to the police to strictly comply with the provisions of the Mental Healthcare Act.

The Act provides that the person, making an attempt to commit suicide, will not be tried and punished under Section 309 of the IPC (attempt to commit suicide), so that the person concerned is not put to ordeal of the protracted trial unnecessarily.

Justice Sandeep Sharma also recommends the Government of India through the Secretary (Home) to take up the matter at an appropriate level, so that steps towards decriminalisation of the attempt to commit suicide are taken.

Passing the important judgment, Justice Sharma further observed, “Having taken note that various countries have already initiated steps towards decriminalisation of attempt to commit suicide coupled with the fact that the Government of India has already enacted the Mental Healthcare Act, this court deems it fit to recommend the Government of India to take up the matter.”

The court passed these orders while allowing the petition filed by a woman of Shimla for seeking quashing of FIR under Section 309, IPC, registered with a Shimla police station against her.

The petitioner has alleged that since her marriage, she had been harassed and humiliated and was, thereafter, forced to face various litigations on false allegations and being hurt with the indifferent behaviour of her husband as well as of her in-laws, she consumed phenyl and tried to commit suicide and was taken to IGMC, Shimla, thereafter on December 15, 2016, an FIR, was lodged against her on the basis of her statement recorded in the hospital. The petitioner has prayed to quash the FIR as well as the challan pending adjudication before the court of Judicial Magistrate, Shimla.

Quashing the FIR, the court observed, “The case registered under Section 309, IPC, against the petitioner, is not sustainable in view of the provisions contained in the Mental Health Care Act as the petitioner herself stated that she on account of mental harassment and torture being meted to her by her husband and in-laws, was under severe stress, which compelled her to attempt to suicide.