TAG: GS-2: SOCIAL ISSUES
THE CONTEXT: Recently, the Supreme Court has interpreted the crime of ‘abetment of suicide,’ detailing the criteria for determining guilt in such cases.
EXPLANATION:
What is the Abetment of Suicide?
- Abetment of suicide refers to the act of encouraging, instigating, or aiding another person to commit suicide.
- Abetment under Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) 2023
- ‘Abetment’ is defined under Section 107 of the Indian Penal Code, 1860 (IPC), which is the same as Section 45 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
A person abets the doing of a thing if he:
- Instigates any person to do that thing.
- Engages with one or more others in any conspiracy for the doing of that thing.
- Intentionally aids, by any act or illegal omission, the doing of that thing.
- In legal cases, proving abetment often requires showing a clear connection between the accused’s actions and the deceased’s suicide, typically through direct or strong encouragement.
Background of the Abetment of Suicide case:
- According to the FIR, senior officers at a company had “compelled” and “harassed” a salesman, Rajeev Jain, to opt for the company’s Voluntary Retirement Scheme (VRS) in 2006.
- Jain, who had served the company for more than 23 years, refused to take the VRS despite persistent pressure from his senior officers, including his team’s head.
- Later, Jain committed suicide by hanging himself. His brother, Rajnish, filed a case against the senior officers, accusing them of abetting Jain’s suicide.
- The Allahabad High Court, upon reviewing the officers’ plea to quash the case, held that there was a direct link between the meeting where Jain felt “humiliated and threatened” and his subsequent suicide.
- The present ruling by SC comes against this backdrop.
Abetment of Suicide related case:
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- M Mohan v The State, 2011: The SC ruled that proving abetment of suicide under Section 306 IPC requires a direct act with intent, leaving the victim no option but suicide.
- Ude Singh v State of Haryana, 2019: The SC held that proving abetment of suicide depends on case specifics, requiring direct or indirect incitement that leaves the victim no choice but suicide.
What are the Statistics Related to Suicide in India?
The data compiled by the NCRB is based on police-recorded first information reports (FIRs).
- Surge in Student Suicides:Student suicides in India have surged by 4% annually, outpacing the overall suicide rate increase of 2%, despite a likely “under reporting” of student suicide cases.
- State-Wise Distribution:Maharashtra, Tamil Nadu, and Madhya Pradesh reported the highest numbers of student suicides, collectively accounting for one-third of the national total.
- Gender Disparity:In 2022, male students constituted 53% of total student suicides. While male suicides decreased by 6% from 2021, female student suicides saw a 7% rise.
- Decade Trend:Over the past decade, despite a slight decrease in the 0-24 age group population, student suicides rose significantly from 6,654 to 13,044.
Legal Norms Related to Suicide:
- Section 115 of Mental Healthcare Act, 2017 (MHCA) states that attempted suicide is to be considered the result of severe stress, and the individual is not to be prosecuted.
- BNS removes the Section of attempt to commit suicide from the statute books, it doesn’t entirely decriminalize the offence of attempting to die by suicide.
- Section 224 of the BNS states that attempting to commit suicide with the intent to compel any public servant to discharge their official duties shall be punishable by imprisonment for up to one year, a fine, or both.
Government Initiatives for Suicide Prevention:
- Mental Healthcare Act (MHA), 2017
- KIRAN Helpline
- Manodarpan Initiative
- National Suicide Prevention Strategy 2022
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