Debate on 'section 309' and right to die

 There is an article in The Hindu (17th December, 2014) about the section 309. The author has highlighted the need of this section and criticized the action of decriminalization of suicide attempt. Since the 'comments' has a word limit, the detailed reply is posted here:

With due respect to the scholarly view of the esteemed author, there seems to be a few points that call for more deeper understanding to this sensitive issue:

1. Let’s look at the statistics and its inference. Every four minute, a life is lost because of the suicide. This is perhaps more than what is lost through diseases, natural calamity, and conflicts. Such a high mortality rate may not be interpreted easily by simply associating it with ‘better literacy, social welfare and healthcare in southern estates’.

‘Disappointment as a result of unmet expectations of achievement’ may be one of the many drivers but ‘new technologies like mobile phone’ and ‘social media’ are probably erroneously linked with such data. A typical example is farmers’ suicide, which were in the headlines some time back. Actually, if we closely look at the individual in the suicide data, we can easily find poor and rich, techie and illiterate, farmer and scientist, Hindu and Muslim, and all sorts of people from every walk of life. It should be noted that the Life’s desperate moment is not the monopoly of any particular group of people. In fact, through mobile phone and social media, help can be more easily provided to the suicidal person. Technology, per se, can never be categorized as good or bad – its impact depends on how we use it.

2. Section 309 was very much intact in 2013, and it could not save a single life out of the ‘disclosed’ suicide data. How effective it was to bring justice for real culprits is also a debatable issue.

3. ‘Dowry deaths’ are mostly disguised murders, which are different than suicide. The harassment due to dowry may lead to the depression in some cases, but the victim can file the complaint against the perpetrators [husband and in-laws]. The law has provisions for this and if required, can be made more stringent. But, to associate it with suicide is again a false linkage.

4. 18 States and 4 Union Territories are in favour of deletion of section 309, supported duly by Tenth law commission. So, it’s a well thought, discussed and democratic decision, and not just any particular scholar’s so-called expert view.   

5. ‘Right to die’ is equally significant for suicide as well as euthanasia, as far as the basic right of an individual is concerned. Third party involvement is mere simplification of the seriousness of the suicide. It should be noted that the suicidal person also needs proper support, which is not available easily in most cases. This is in a way similar to the person on a deathbed, with faint hope of recovery. That the medical advancement may revive the person, willing to opt for euthanasia, is a similar argument that holds for a suicidal person also.

6. It’s not about being conservative or liberal. Let’s look at the example of the ‘sole bread-winner of a family committing suicide’. First, section 309 would not deter him to take such action. He would try the ‘crime’ depending on his mental condition, the stress level, choked emotions, circumstances, and so on & so forth, especially when life would appear to be more difficult than dying. If he succeeds then nobody can punish him. If he does not then under section 309 [or some similar law if it gets made as per the author] then he would be put behind the bars. The family would still be sufferer. One should also understand that suicide is not a willing choice for such a person. He always cries for help, though most of the time his signals are wrongly interpreted by ignorant family or friends. So, instead of retaining 309 or making another law, we should focus on how to reach out to that suicidal person so that he would be able to come out of his trauma and take care of his family. It should be a proper healthcare and emotional support issue rather than a legal matter.

 ‘Attuning our law to the global wavelength’ does not mean ignoring our ‘social and economic condition’. Deleting section 309 is only a little measure, which may not only help the suicidal person but also those who are trying to prevent it in systematic and scientific manner. As far as looking towards the west is concerned, they have more integrated support systems in sync with the law to address the increasing rate of suicide. And this loss of life due to suicide in every 4 minute is our reality, with this rate being next only to ‘China’, another eastern civilization – not a developed country of the west.

                

Unless we understand the psychological aspects of suicide, and sensitize our law accordingly, the support and challenge for suicide prevention will remain a dream. The professionals, trying to help the suicidal, know about such delicate issue. Unfortunately our society at large is ignorant about the suicidal behavior and its coping mechanisms. It’s good that ‘Section 309’ has made it a headline, and may lead to more fruitful actions, the biggest of them is perhaps the ‘mindset change’.

Section 309 IPC removed

Attempt to suicide no longer a crime

The government on Wednesday removed Section 309 IPC (attempt to commit suicide) from the statute book.from yahoo news

Decriminalization of "Attempt to Suicide"

Today is World Suicide Prevention Day.

Attempt to Suicide is a punishable offence in India under section 309.

The Law Commission, in its 210^th report (2008) on "Attempt to Suicide", recommended that this law should be revoked

It has clearly mentioned that -

"  Section 309 is a stumbling block in prevention of suicides and improving the access of medical care to those who have attempted suicide. It is unreasonable to inflict punishment upon a person who on account of family discord, destitution, loss of a dear relation or other cause of a like nature overcomes the instinct of self-preservation and decides to take his own life. 

In such a case, the unfortunate person deserves sympathy, counselling and appropriate treatment, and certainly not the prison.  "

It is yet to be seen when this recommendation of Law commission will actually be incorporated in the law." 

Till then, attempt to suicide is a crime...

So, for the organizations and people working towards the suicide prevention, the responsibility is more.. 

Willingness to seek help

An Engineer commits suicide after pressure to clear MGNREGA files near Mysore.

A girl studying in class 7 commits suicide in Odisha because her poor parents could not afford to pay for her notebook and pencil.

A 55 year old sales tax official in Nashik commits suicide – reason unknown.

…These are a few who made their presence felt in the news of this month, be it social media, print or TV… Many more suicides have been recorded in the police files…

Perhaps some have got unreported by the family due to ‘social stigma’ and ‘law’. Such suicides have been labeled as ‘natural death’.  

We could not save them…

Clearly, they have no access or awareness about any helpline…  

What about those who survived?

A Television anchor attempts suicide by consuming rat poison at NOIDA due to harassment at workplace. She is in hospital surviving after the incident. She even had a facebook post declaring her intention. Was she aware of any helpline…?

Do the people, trying to take that difficult plunge, ever think about a helpline that is only a phone call away?

This is the question every support center, working for the depressed and suicidal, needs to understand. Its one aspect is the publicity. But another, perhaps more significant, is the willingness of the people to seek help. How can we tackle that?

A new mental health service for those who don't have any access

Mental Health care is a costly affair. Here is something that may fill the gap for the needy who can't afford it:

-----------

A new initiative launched by Saarthak and The Hans Foundation is:

Khushhali Manasik Swasthya Sewa

  - to provide mental health services to those who do not have any access. 

 Its aim is to provide free and accessible mental health services across Delhi NCR.

The team providing the service would include two senior psychiatrists, two senior clinical psychologists, social workers, counselors and volunteers.

Services will address the universal mental health needs:

Skill building workshops on:

1. Managing Anger
2. Challenging Negative Thoughts
3. Parenting
4. The Success Factor (A life skills program for young people)
5. Sahas ka Safar (A support group for women coping with psychological impact of Domestic Violence)

Services would also address the needs of those people who live with Major Psychiatric Disorders, Common Mental Disorders and Alcohol Dependence

E-mail: hope.includes@gmail.com

Phone: Maneesha/ Shakti on 011 8800599204 (Monday to Saturday between to 10 to 5.30pm)

People can also walk in to the service on Fridays between 3 to 6pm at AADI, 2 Balbir Saxena Marg, Hauz Khas, Near green Park Metro Station.

-----------

Only time will tell how this new initiative will make an impact for the mental health care landscape.

Depression in school-children

Once, the childhood used to be without worry… Or at least we thought so.

Many of us have fond memories of ‘that golden era’ when every morning we had a clean canvas to color it afresh. We did not remember the scolding that was part and parcel of what they call growing up.  

And peer pressure, where was thou?

Yes, we had ups and downs like all of our near and dears. We wept, we fought… and oh, we cried alone at times. Yet, all those were just bad moments… that we were able to overcome. After all we had games to play, friends to share, and family to care.

It still happens with children. They tend to forget the reprimands. They do mistakes again and again. And they enjoy like we grown up once had …

Yet, the stress has entered into their psyche…

Yes, the depressed child has arrived and is here to stay for long.

Competition, over-ambitious parents, peer pressure, lack of emotional support, and maybe media-explosion that provides over-exposure to the already burdened child -  these and many more such factors are responsible.

Or is it called Growth…From collective to more individualistic society… where pressure on the individual to perform better starts at an early age...

Are our schools equipped to handle it?

The suicides by school-going children, which were once almost non-existent, have started making headlines.    

Suicide is the extreme step, but what about the common depression that is so rampant nowadays. Has our schools ever tried to gauge its intensity and to find a remedy…?  

Perhaps a few educational institutions have the time or energy to think in this direction, except some big and branded ones. They also sometimes do it just for formality sake, by having a part-time counselor who is mainly focused on advising about the career avenues. The emotional support takes a backseat most of the time.    

So, what will happen to the depressed child?

Will she be able to flourish and contribute as per her capability? Or will she become a liability? Or worse, will she try to end her life in a weak moment, if there is no channel to release the tension… Such is an extreme scenario but sometimes it happens making a news headline.

What can we do? - This may be the standard response.

But, do we know if any depressed child lives in our home?

Do we try to check? Do we have the patience to at least listen to him or her?   

Suicide Attempt: A Crime?

Suicide is a crime under Indian Penal Code. It is perhaps the only case where the successful criminal can’t be punished. The law can take its course if one attempts and remains alive.

There are other measures to discourage the suicide, like the insurance. Sometimes, the beneficiary hides the ‘suicide act’ in order to get the insurance money. But, such measures are immaterial for somebody who has left the mortal world.

Most of the Religions also condemn this act, but if a person really commits suicide then they can only offer the condolences to the near and dears. After all, how the dead can be preached! 

Affected by this religious as well as legal understanding, almost all of us perceive this act as something “not good” for the civilized society.

Is it the right perception?

What happens to the person because of this general perception?

She may try to hide his feeling to avoid the ridicule. He may plan it secretly to avoid the legal implication. He or she may use it to take revenge from the family/friends – implicating them in the suicide note.

The skeptic may ask another question:

Why somebody ends this otherwise beautiful god-gift called ‘Life’?

Sometime back, a psychiatrist tried to deconstruct this academic mystery. According to him, there are three broad reasons:

First is Genetic. It is there in the genes. Somebody whose grandpa has committed the suicide is more prone. It’s like one is more likely to have diabetes because of the family history. It does not mean that one will commit it because of the genes. It’s the possibility.

Second is Chemical Imbalance. Dopamine, or something similar, is a chemical in our brain that controls our mood. For some people, this chemistry is not right. It’s similar to not having the proper thyroid level in your body or not having proper secretion of a particular hormone. Not necessarily such deficiency may lead to suicide. But yes, there is a sufficient chance.

Third is behavioral/environment. It depends on the circumstances, like abuse, accidental trauma, grief due to death of near ones, failures in education, profession or relation, and so on. These are difficult times that affect our emotional well-being. Again, it does not lead to suicide automatically but may have the potential to derail.

The theorists can debate for more reasons, but nobody can vouch for sure. These causes are only probabilities.

The real reason may be a sudden impulse caused by multiple factors.

So, can we blame the person for this act? Is he like any other criminal?

Or, is he like any other patient, entitled to get the care?