Richa Patel & Ishika Shrivastava, LL.M. (Criminology), Dharmashastra National Law University, Jabalpur
ABSTRACT
This research paper delves into the issue of suicide, exploring its historical, social, legal, and mental health dimensions within the Indian context. Suicide, defined as the intentional act of ending one's life, is often the tragic result of various influences, including mental health issues, societal pressures, financial hardships, and personal crises. While historically stigmatized in Indian society, modern perspectives increasingly recognize the need for a compassionate approach to individuals struggling with suicidal ideation or attempts. The legal discourse surrounding the "right to die" has sparked considerable debate, particularly with Article 21 of the Indian Constitution, which protects the right to life. Landmark cases like Maruti Shripati Dubal v. State of Maharashtra and P. Rathinam v. Union of India have challenged the constitutionality of Section 309 of the Indian Penal Code, which criminalized attempted suicide, calling attention to the moral and constitutional implications of penalizing individuals in distress. In 2017, the enactment of the Mental Healthcare Act marked a shift toward decriminalizing attempted suicide and ensuring mental health rights. This paper examines significant judicial decisions, critiques the inherent contradictions in legal interpretations of the right to life, and assesses the impact of the Mental Healthcare Act in advancing mental health support. Through a multidimensional approach, it underscores the importance of legal reform, mental health education, and community support in suicide prevention, advocating for a society that addresses mental health stigma and supports individuals in crisis.
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