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ABSTRACT
Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated under criminal offense under of the Indian Penal Code. Article focuses on the legal viewpoint of an attempt to suicide and the right to die to discuss the unintentional consequences of IPC it also talks about the euthanasia and rights to life and also highlights the need for the decriminalization of attempted suicide in India with different case laws. The Mental Health Care Bill, 2013, still under consideration in the Rajya Sabha, so that attempted suicide should not be criminally prosecuted rather should retain in the possession of rehabilitation center.
INTRODUCTION
Suicide is an act of intentionally causing one’s death and the reason is mental disorders, including depression, anxiety, alcoholism, drugs, etc. life is so wonderful that God could ever give us, but still some people commit suicide and end their life, results show that most of the people who commit suicide are young students because of lack in proper guidance, instruction, teaching, counseling they without thinking about their parents/guardians or their life just commit suicide. Some teenagers commit suicide because of moronic reasons.
Ending life is a very big step, suicide happens daily, we read every day in the newspaper people committing suicide and a family’s life gets changed. The risk of suicide increases dramatically when there is access to the firearm, pesticide poison or hanging and most of the suicide is committed with a gun. Some other means of committing suicide are overdosing of medicines always keep track of medicines you take or your parents and for old people. Teen suicide is preventable as they have their family members their friends who support them but for old people sometimes it is very difficult to understand their situation their difficulties and their problem and because of that they started having depression and other mental illnesses.
Suicide resulted in 826,500 global deaths in 2015, an increase in 710,000 deaths in 1990. This makes suicide the 10th leading cause of death worldwide. Approximately 0.5% of people die by suicide. Suicide is generally most common among the age of 70 however, in certain countries, those aged between 15 and 30 are at the highest risk. As per the record, Europe had the highest rates of suicide by region in 2015. Every year estimated 10 to 20 million non-fatal attempted suicides were recorded. Non-fatal suicide attempts mean accidents, illness or any injury which does not lead to the death of a person. In Western countries, suicidal attempts are more common among young people and females. Suicides have been influenced by broad existential themes such as honour, religion and the meaning of life. The Abrahamic religions traditionally consider suicide as an offense towards God, due to the belief in the spirituality of life. Sati system was followed where it was expected that the Indian widow has to sacrifice her life on her husband’s funeral fire, either willingly or under pressure from her family and society. in most western countries suicide was not illegal but after the 20th and 21st centuries, It is a criminal offense in many countries.
In India, suicide is illegal as abetment to suicide and attempt to suicide are both criminal offenses and are punishable. In 1994 constitutional validity of IPC Section 309 was challenged in the Supreme Court and declared IPC Section 309 is unconstitutional under Article 21 of the Indian constitution: – Right to life. i.e. the right to life of the Indian constitution. The court held that the right to life under Article 21 of the constitution does not include the right to die and attempt to suicide and abetment of suicide becomes an illegal and punishable offense.
I. Right to die
The term right to die refers to the issue where a person who has untreatable sickness, or who is facing a surviving death, should be allowed to end his life on his own terms.
Right to die is a concept on the view that individual is entitled to end his own life; the term ‘Right to die’ refers to all the possible decisions that every decision of whether or not individual should be allowed to die before their natural end his life. For example, a person who is suffering from cancer or any long-term sickness where the sickness gradually increases ends his life. Or if any other situation where a person is stuck in a long-term coma with no serious possibility of his ever regaining consciousness, then in this possible case, the family has all the right to take all possible decision to end his life prematurely as the person was unable to make the decision on his own.
Right to life include Right to die?
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