Section 309 of the Indian Penal Code Is now decriminalized attempted suicide as well as suicide assistance.
Section 309 states:
Although section 309 is still in effect, the Mental Healthcare Act, 2017 (enacted July 2018) has restricted its application. The relevant provision of the new act states:
In the 1996 Gian Kaur vs State of Punjab, [4] the appellant failed to convince the five judge bench that section 309 violated article 21 of the Constitution of India. A bill to strike the section was subsequently introduced in parliament, but failed to pass. [5]
On 7 March 2011, the Supreme Court recommended that Parliament consider deleting section 309 from the statute. [6]
On 10 December 2014, in response to a question by Vivek Gupta in the Rajya Sabha on decriminalisation of suicide, the Minister of State for Home Affairs, Haribhai Chaudhary replied that "it has been decided to delete Section 309 of IPC from the Statute book." [7]
On 24 February 2015, the Minister of State in the Ministry of Home Affairs, Haribhai Parathibhai Chaudhary, said that a proposal to delete Section 309 from the Indian Penal Code had been sent to the Legislative Department of the Ministry of Law and Justice for drawing up a draft Amendment Bill. [8]
Section 309 of the Indian Penal Code was set to be limited in effect by the Mental Health Care bill, [9] first introduced to the Rajya Sabha on 19 August 2013.[ citation needed ]
Section 115 of the bill initially stipulated that "Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to be suffering from mental illness at the time of attempting suicide and shall not be liable to punishment under the said section." The bill also stipulated that the Government would have a duty to provide medical care to persons that attempted suicide. The bill was referred by the Rajya Sabha to a standing committee on 18 September 2013, which submitted a report on 20 November 2013. [10] In its report, the standing committee expressed three concerns on article 124: firstly, that the presumption of mental illness would subject persons to 'mental health treatment', secondly, concerns about the consequences on Section 306 of the Penal Code, which concerns abetment to suicide, and thirdly, concerns regarding the "institutionalization in silencing victims of domestic violence."
In response, the Ministry proposed amendments which would change the language of this provision to one concerning the "presumption of severe stress in case of attempt to commit suicide". [10] The Committee accepted this recommendation, noting that there was still ambiguity regarding the stage at which this presumption would operate.[ citation needed ]
The bill was voted upon and passed by the Rajya Sabha on 8 August 2016, [11] and passed by the Lok Sabha on 27 March 2017. [2] The bill was subsequently enacted in July 2018 as the Mental Healthcare Act, 2017.
The Mental Health Care Act does not repeal Section 309 of the Indian Penal Code, but merely provides the presumption of mental illness. [12] [13] [11]
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging.
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. The penal code remains in many former colonies and has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, British Prime Minister Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.
Suicide is a crime in some parts of the world. However, while suicide has been decriminalized in many western countries, the act is stigmatized and discouraged. In other contexts, suicide could be utilized as an extreme expression of liberty, as is exemplified by its usage as an expression of devout dissent towards perceived tyranny or injustice which occurred occasionally in cultures like ancient Rome, medieval Japan, or today's Chinese Tibet.
The Juvenile Justice Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. In the wake of Delhi gang rape, the law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get involved in heinous crimes like rape and murder. In 2015, responding to the public sentiment, both the houses of parliament in India further amended the bill that lowered the juvenile age to 16 and proposed adult-like treatment for juveniles accused of heinous crimes. The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house, i.e. Rajya Sabha on 22 December 2015. The bill was approved by President Pranab Mukherjee's assent on 31 December 2015.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant, for example in Indonesia.
The Scheduled Castes and the Scheduled Tribes Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities and hate crimes against scheduled castes and scheduled tribes. The Act is popularly known as the SC/ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act.
The men's rights movement in India is composed of various independent men's rights organisations in India. Proponents of the movement support the introduction of gender-neutral legislation and repeal of laws that they consider are biased against men.
About 800,000 people die by suicide worldwide every year. 164,033 Indians committed suicide in 2021 and the national suicide rate was 12, which is the highest rate of deaths from suicides since 1967, which is the earliest recorded year for this data. According to The World Health Organization, in India, suicide is an emerging and serious public health issue.
A suicide attempt is an attempt to die by suicide that results in survival. It may be referred to as a "failed" or "unsuccessful" suicide attempt, though these terms are discouraged by mental health professionals for implying a suicide that results in death is a successful and positive outcome.
Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.
The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.
Juvenile Justice Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) and the Guardians and Wards Act (1890), though not replacing them. The Act came into force from 15 January 2016.
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the groom’s family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newlyweds set up their home. Dowry is referred to dahez in Hindi and as jahez in Urdu.
The Real Estate Act, 2016 is an Act of the Parliament of India which seeks to protect home-buyers as well as help boost investments in the real estate industry. The Act establishes a Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution. The bill was passed by the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016. The Act came into force on 1 May 2016 with 61 of 92 sections notified. The remaining provisions came into force on 1 May 2017. The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months.
In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 29 May 2018. The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code. The law was described in its opening paragraph as "An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto." This Act superseded the previously existing Mental Health Act, 1987 that was passed on 22 May 1987.
The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.
Suicide is considered a serious issue in Singapore. The issues have been rising in recent years, with the rate of suicide increasing for all demographics. It is the leading cause of death for those aged between 10 and 29 years old. Males account for the most suicides at over 66.6% of all suicides.
The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Mumbai in former British India. The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease.