Kerala HC Decriminalise: The Attempt Of Suicide Is No Longer An Offence Due To Enactment Of Mental Healthcare Act, 2017
Last Updated on October 4, 2024 by NewsDesk SLC
Background
The case involved an individual who was arrested and, while in police custody, attempted to harm himself by banging his head against the wall. The police filed a case against him under Section 309 of the Indian Penal Code (IPC), which criminalizes attempted suicide.
Provisions of the Mental Healthcare Act, 2017
Section 115: This section presumes that a person who attempts suicide is under severe stress and, therefore, should not be prosecuted under Section 309 IPC or Section 226 BNS. The burden of proof lies on the prosecution to show that the person was not under severe stress at the time of the attempt.
Court’s Observations
Decriminalization: The court emphasized that the Mental Healthcare Act, 2017, aims to decriminalize suicide attempts, recognizing them as a manifestation of severe mental stress rather than a criminal act.
Police Conduct: The court criticized the police for their lack of sensitivity and understanding of the law. Instead of providing psychological support, they chose to prosecute the individual, which goes against the spirit of the Mental Healthcare Act.
Evidence of Injury: The court noted that mere head-banging without evidence of significant injury cannot be assumed to be a suicide attempt. The police should have assessed the mental state of the individual and provided appropriate care.
Implications of the Judgment
The judgment underscores the importance of providing mental health support and rehabilitation to individuals who attempt suicide. The state has a statutory obligation to ensure such support is available. This decision sets a precedent for future cases, reinforcing the need for law enforcement to approach suicide attempts with empathy and care, rather than criminal prosecution.
Conclusion
Kerala High Court’s decision is a significant step towards changing the legal and societal approach to suicide attempts. It highlights the need for a compassionate response to mental health crises and aligns with the broader goals of the Mental Healthcare Act, 2017. By decriminalizing suicide attempts and focusing on providing mental health support, the judgment aims to create a more empathetic and supportive environment for individuals in distress.
