Posted on: October 3, 2020 Posted by: Poorvi Parida Comments: 0
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INTRODUCTION

Nothing can be beyond one’s instinct and hunch. In this opulent world people are running after everything except moral values and conscience. This world exist because of humans, their birth and death are important matters and should be considered as such. Suicide is something which everyone is concerned about but no one tries to find out the actual cause.

When it comes to human life the first thing one can correlate with is Human Creed. It is strange to have people without any scruple within them. People who prefer to commit suicide without any compunction are legends for people who are going through depression. One thing that is quite perplexing is either the cause is “Depression” or just the reprobate human behaviour that prevails over righteous high-minded individuals.

Meaning of suicide

Life is full of triumphs and catastrophes, but what is ceaseless can be said as “Credence”. It is on a person’s own beliefs if he wants to accept his victories or if he should keep on agonizing about his problems. Suicide is the act of defeating your aplomb and hand-picked to end your life. It’s the act of accepting that human conscience is of no use. People with great heart and holding guileless nature are committing suicide without any guilt as they have no courage to deal with the issues impeding their happiness.

CAUSES OF SUICIDE

People are lacking confidence. What can be more important than loving your own whims and fancies? Depression may be a reason. But what puts them at such a juncture, where they are unable to find any solutions to such problems? Is it the obstacles in their happiness or a meek and guilty personality they hold? Suicide may be the repercussion of regrets and guilt within one’s mind which results in the destruction of one’s body, which has nothing to do with the term called “Depression”. It needs a lot of courage to commit suicide and to end one’s own life, so why not use it to overcome those hindrances obstructing their gratification? Everyone has their own problems the quantum may vary but not the consequences. The only difference is one fight against it and one just commits some quixotic acts. Suicide is not vulgar but it is illegal. There is no point of setting an example of iniquity to those who admire and adore you. If something affects your mind and soul there are some ways to heal it, rather to kill your body.

HOW CONSCIENCE CAN BE A PREVENTVE FOR SUICIDAL CRISIS

Human conscience acts as an antibody for anxiety and depression. People should realise what can fit their heart and how much stress can be dealt by them. A man with conscience is better than a man with money and all those fancy adventures which are not permanent. An individual should be wise enough to realise his own pain and to understand other’s unspoken words. When someone resorts to suicide as the only solution to end all the chaos filled in their lives, that person must realise that they have other bonds holding some emotions. This requires one to have a great and strong conscience. Nothing is difficult to deal than to end one’s own life.

ROLE OF FAMILIES AND FRIENDS IN ONE’S LIFE

Families and friends both have different place and importance in one’s life. What made humans so weak and meek to depend on others to help one out from a situation which was or wasn’t created by them. When one is happy everything seems totally right, likewise when one is sad it should be his duty to overcome it himself. Rights and Duties are simultaneously exercised here, meaning balancing life is a stair to happiness.

LEGAL FRAMEWORK

Section 309 of the Indian Penal Code criminalises attempted suicide. It gives no scope for taking one’s life. Section 306 criminalizes abetment of suicide. Article 21 states the Right to Life. Now, under what criteria one is eligible to enjoy their Right to Life, but is unable to take their own life. What raises the question on suicide is whether Article 21 is constitutional.

In P. Rathinam V. Union of India, validity of Article 21 and 19 was challenged. And Section 309 of IPC was held unconstitutional, as Section 309 of IPC violates Article 21 and 19 of Constitution of India.

 In Gian Kaur Vs State of Punjab, the question was on validity of Section 309 and Section 306 of Indian Penal Code under the scope of Article 21 and 14 of Constitution of India, where Supreme Court held that “Right to Life” doesn’t include “Right to die” or “right to be killed” and said dignity should be the essence of Life and one is to live until one reaches the death point.

In Common Cause (A Regd Society) V. Union of India, Chief Justice Deepak Mishra, said “If dignity is the source of someone’s death, then it is constitutional” and with a 5 Judge bench held that “The Right to die with dignity is a Fundamental Right”.

MENTAL HEALTH AS AN ESSENTIAL FACTOR OF SUICIDE

Mental health is something that determines your actions and justifies your suffering. United Nations Convention for Rights of Persons with Disabilities (UNCRPD), 2006 includes disabilities due to mental illness. It is necessary to bring all the disabilities under the ambit of legal field. Mental illness includes insanity.

Under the pretext of Section 84 of Indian Penal code, insanity can be used as a defence based on Daniel McNaughten’s rule. The source of every criminal attempt or consequence is “Intention” or “Mens rea”, it is vital to understand the intention or motive behind any criminal conduct. Section 84 gives defence for Insanity. It justifies the act by considering the intentions and not rational values. Then under what conditions suicide is criminalised under Section 309 of IPC, where the person has no intention to harm others.

EUTHANASIA

Mercy killing is killing an individual who is suffering from painful and incurable diseases.

In Aruna Ramachndra Shanbaug V. Union of India, the legal validity of Euthanasia was questioned. Here “Parens Patriae” Principle was referred. The decider for this matter was the Court and powers were extended under Article 226 of Constitution of India. The court stated that Passive Euthanasia is allowed only if doctors act according to the best interests of patient’s health. The concept of Active Euthanasia was not allowed whereas Passive Euthanasia is allowed. Passive Euthanasia doesn’t allow over doses of drugs. The court said Active Euthanasia can be only allowed by the decision of Legislation. Active Euthanasia violates Article 21 as it includes any substance which may cause death of the Patient. Whereas Passive Euthanasia can come under the legal validity of Article 21 of Constitution of India. Passive Euthanasia prevents the patient from further treatment or medication. After considering the matter, applicability and ingredients of Passive and Active Euthanasia, the Court permitted Passive Euthanasia while declaring Active Euthanasia as unconstitutional.

DEPRESSION SAME AS MENTAL ILLNESS

Depression is a ceaseless struggle with mental health. It is a part of mental illness. Depression is something in which one individual does not understand the basic fundamental rights they have. Doctrine of Severability and Eclipse under Article 13 of Constitution of India provides a list of fundamental rights and its protection. Everyone considers depression as mental illness, but it is something beyond grasp. It is something difficult to understand. It is not an illness. It is created by humans, who lack conscience. Conscience is human instinct, human hunch. When immorality trumps conscience in one’s mind, there is an onset of depression. Now, what remedy can be given to person who creates chaos in their own life. Let’s not compile two totally different things. People are not trying to be plucky and unflinching but are taking the term “Depression” as their weapon against the whole world.

CONCLUSION

Life is what you ascribe it to be. Life means happiness and development. Our Indian Constitution has provided so many rights for every individual, but nothing can be adopted or inculcated without one’s own will. Likewise nothing can heal one’s pain without their own conscience prevailing their bad phase. In this fancy world people need to realise rather than to pretend or act. Negative energy can trump positive strength when your mind is weak. Everything, every law relates to life and human act and both of these relates to the human instinct and conscience, which everyone should realise and understand.

Poorvi Parida

Law Student at KIIT LAW SCHOOL

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