eCharcha.Com   Support eCharcha.Com. Click on sponsor ad to shop online!

Advertise Here

Go Back   eCharcha.Com > Current Affairs > Indian Politics

Notices

Indian Politics Our national time-pass!

Reply
 
Thread Tools Display Modes
  #1  
Old December 12th, 2014, 05:41 AM
swami's Avatar
swami swami is offline
Super eCharchan
 
Join Date: Mar 2009
Posts: 12,846
swami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond reputeswami has a reputation beyond repute
Government decriminalizes attempt to commit suicide, removes section 309

There is a need to amend many laws in the IPC and this one is also a welcome move but instead of scrapping it the govt should have amended it with some light sentence/fine and compulsory psychiatric treatment which would deter people from taking such such step.
I know suicide is never a planed attempt nor the person is in proper frame of mind to fear what the law will do incase he/she survives they just want to die.But just scrapping the law wont help.

Government decriminalizes attempt to commit suicide, removes section 309



NEW DELHI: The government has decided to decriminalize "attempt to suicide" by deleting Section 309 of the Indian Penal Code from the statute book. Under the said Section, a suicide bid is punishable with imprisonment up to one year, or with fine, or both.

Stating this in reply to a question in the Rajya Sabha on Wednesday, minister of state for home Haribhai Parathibhai Chaudhary said the government had decided to drop Section 309 from the IPC after 18 states and 4 Union territories backed the recommendation of the Law Commission of India in this regard. ​Government sources told TOI that a Cabinet note on the Indian Penal Code (Amendment) Bill has already been circulated by the Union home ministry among other ministries such as law and health.

"Law Commission of India, in its 210th Report, had recommended that Section 309 (attempt to commit suicide) of IPC needs to be effaced from the statute book. As law and order is a state subject, views of States/UTs were requested on the recommendations of the Law Commission. 18 states and 4 Union territory administrations have supported that Section 309 of the IPC may be deleted. Keeping in view the responses from the states/UTs, it has been decided to delete Section 309 of IPC from the statute book," the MoS stated in the reply.

The law panel, in its 210th report submitted in 2008, had noted that attempt to suicide may be regarded more as a manifestation of a diseased condition of mind, deserving treatment and care rather than punishment, and accordingly recommended to the government to initiate the process for repeal of the "anachronistic" Section 309.

Incidentally, at least five states Bihar, Madhya Pradesh, Delhi, Punjab and Sikkim expressed reservations against the move to de-criminalise suicide bids. Bihar wanted a distinction drawn between persons driven to suicide due to medical illnesses and suicide bombers who fail to blow themselves up or terrorists who consume cyanide pills to wipe out evidence, and wanted the former to be covered by a separate legislation. However, the home ministry officials clarified that a would still face charges under the stringent Unlawful Activities Prevention Act, whether or not he succeeds in his mission.

Madhya Pradesh, Delhi and Sikkim argued that decriminalising attempt to suicide would handicap law enforcement agencies in dealing with persons who resort to fast unto death or self-immolation to press the government/ authorities to accept their unreasonable or illegitimate demands. Such people, they argued, can no longer be booked for attempt to suicide or be force-fed. A home ministry official pointed out the case of Manipuri anti-AFSPA activist Irom Sharmila, who has been on indefinite fast for the last 14 years but was kept alive by being charged with attempt to suicide and forcibly administered intravenous fluids.

Madhya Pradesh and Delhi argued that deleting Section 309 would dilute Section 306 (abetment of suicide), as an abettor cannot be proceeded against for a failed suicide attempt.

Punjab, while not opposing the deletion of Section 309, insisted that the State come forward to rehabilitate people who attempt suicide by providing medical/psychiatric care and public assistance in case of unemployment, old age, sickness, rape victims and distressed farmers.

Delhi demanded that reporting of attempt to suicide to authorised officer or hospital be made compulsory.
The government is examining the aforesaid views, said home ministry sources, before taking the draft IPC(Amendment) Bill to the Cabinet. The bill will then be brought to Parliament.

The Law Commission had earlier recommended repeal of Section 309 in its 42nd report submitted in 1971. The IPC (Amendment) Bill, 1978 was passed by the Rajya Sabha, but before it could be passed by the Lok Sabha, the Lok Sabha was dissolved and the bill lapsed. The Commission then submitted its 156th Report in 1997 after the Gian Kaur judgment, recommending retention of section 309.

However, the commission, in its 210th report, said attempt to suicide warranted medical and psychiatric care and not punishment.
"In view of the views expressed by the WHO, the International Association for Suicide Prevention, France, decriminalization of attempted suicide by all countries in Europe and North America, the opinion of the Indian Psychiatric Society, and the representations received by the commission from various people, the commission has resolved to recommend to the government to initiate steps for repeal of the anachronistic law contained in section 309, IPC," the panel said while mentioning how only a handful of nations like Pakistan, Bangladesh, Malaysia, Singapore and India have "persisted with this undesirable law".

Welcoming the decision, BJP MP from Bihar and former Union home secretary RK Singh on Wednesday said it was "the right step taken by the government".

"People with suicidal tendencies deserve counselling, not legal action," he told mediapersons outside Parliament.

According to Section 309 of the IPC, "whoever attempts to commit suicide and does any act towards commission of such offence, shall be punished for a term which may extend to one year of with fine, or with both".

The first indication of the government's intention to delete Section 309 of the IPC had come in August this year. In reply to a Parliament question on August 5, minister of state for home Kiren Rijiju had indicated that the government was working on implementing the recommendation of the Law Commission to decriminalize attempt to suicide. "The Ministry of Home Affairs is in the process of effacing section 309 of the Indian Penal Code, as recommended by the Law Commission in its 210th Report along -- with amendment of certain other sections of the Code of Criminal Procedure/Indian Penal Code in consultation with all the stakeholders," he had stated.

However, now that the consultations with the states and UTs have found a majority of them favouring the recommendation, the Centre has decided to bring a bill to amend the IPC.

Times View

This newspaper has consistently argued that attempted suicide should be decriminalized (in 2011 and 2012 alone, we wrote seven impassioned Times Views to this effect). The Supreme Court in 2011 urged the government to do the same; and the Law Commission, as early as 1971, had called for the repeal of Section 309 of the IPC. The government's decision was long overdue, but no less welcome for that.

Having taken this step and thus indicated a willingness to accommodate both traditional Indian sensibilities as well as modern ones, it needs to go a step further and initiate a national debate on euthanasia. This paper has argued in favour of it albeit with stringent legal and medical checks and balances to guard against misuse.
__________________
There are four kinds of people to avoid in the world: the assholes, the asswipes, the ass-kissers, and those that just will shit all over you.
Reply With Quote
  #2  
Old December 12th, 2014, 07:47 AM
PeaceSeeker PeaceSeeker is offline
In search of peace!
 
Join Date: Sep 2010
Location: Borderline
Posts: 6,175
PeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Good move I feel...
__________________
Only peace remains at last!
Reply With Quote
  #3  
Old December 12th, 2014, 08:03 AM
sarv_shaktimaan's Avatar
sarv_shaktimaan sarv_shaktimaan is offline
Moderator
 
Join Date: Aug 2005
Location: satva aasmaan
Posts: 16,161
sarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond reputesarv_shaktimaan has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

There's nothing that can stop you from self termination. Now that's real freedom.

Right to die has been delivered.

So, does this mean a terminally ill person can choose death .. Is this euthanasia being promoted?
Reply With Quote
  #4  
Old December 12th, 2014, 09:24 AM
Sane Less's Avatar
Sane Less Sane Less is offline
Dead On Arrival is back
 
Join Date: Jun 2005
Posts: 17,574
Sane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond reputeSane Less has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Fantastic news. The right to die should never have been criminalized... especially in such an unfair way. The cowards were criminals for committing suicide while the brave... were given awards, be it soldiers or Mt. Everest climbers.
__________________
-----------------------------------------------

"Hinduism brought a multitude of religions under one roof and survived for eons. Christianity and other religions will need to do the same or perish." - saneless
Reply With Quote
  #5  
Old December 12th, 2014, 10:10 AM
kalidas's Avatar
kalidas kalidas is offline
Super eCharchan
 
Join Date: May 2012
Location: Caves of Karakoram
Posts: 3,494
kalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

I wonder how this affects life insurance policies....
__________________

Reply With Quote
  #6  
Old December 12th, 2014, 10:18 AM
sgars's Avatar
sgars sgars is offline
2
 
Join Date: Jan 2007
Location: Mid West
Posts: 8,722
sgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by kalidas View Post
I wonder how this affects life insurance policies....
You dont get paid if the "Life assured" committs suicide within 2 years of taking a policy.

You get paid if the suicide is after 2 years. the assumption is that no one will plan his or her suicide 2 years in advance.
__________________
This is quite a game, politics. There are no permanent enemies, and no permanent friends,only permanent interests. - Some Firang
Reply With Quote
  #7  
Old December 12th, 2014, 10:39 AM
kalidas's Avatar
kalidas kalidas is offline
Super eCharchan
 
Join Date: May 2012
Location: Caves of Karakoram
Posts: 3,494
kalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond reputekalidas has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by sgars View Post
You dont get paid if the "Life assured" committs suicide within 2 years of taking a policy.

You get paid if the suicide is after 2 years. the assumption is that no one will plan his or her suicide 2 years in advance.
Lets say somebody - lets call him Ramlal - has life insurance. Now, his beloved malik Thakur has cancer, but doesn't have the money for treatment. Ramlal may choose to commit suicide, so his money can be used benevolently for Thakur's cancer treatment.

Thakur may have nikalofied Ramlal's life insurance in advance for situations like that .. so he has a backup financial plan.
__________________

Reply With Quote
  #8  
Old December 12th, 2014, 11:03 AM
badriprasad's Avatar
badriprasad badriprasad is offline
Junior Member
 
Join Date: Sep 2009
Location: Patna BIHAR!
Posts: 4,937
badriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond reputebadriprasad has a reputation beyond repute
Talking Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by swami View Post
instead of scrapping it the govt should have amended it with some light sentence/fine and compulsory psychiatric treatment which would deter people from taking such such step.


would have defeated very intent behind this bill ... attack the cause not the victim ... noh? ... you want farmers punished and not corrupt Kaangress politicians for stealing money intended to provide water to the farms? ... you want to punish poor and middle class who invested life savings in some scam but not Mamta and her team of thieves? ...

there are times you are so full of surprises that even I am surprised ... a pakka kaangressi, you're not? ... you sure? ...
__________________
............................................
दूर से देखने पर तो यही लगता था ... 'वाह! वहाँ क्या मजा होता होगा!'
बुरे फसें 'मजाल', आ कर जन्नत में ... हमने तो सोचा था, कुछ नया होता होगा!
Stupid opinions ... all mine ... worth 2 cents ... you can have for free with a pinch of salt.
"......I can't believe I am saying this..... if you re not humble in this world, this world will thrust humbleness upon you" - Mike Tyson!!!
Distrust Doesn't Hurt - Not As Much as Trust does! - me said first quoted at www echarcha.com
Reply With Quote
  #9  
Old December 12th, 2014, 08:04 PM
PeaceSeeker PeaceSeeker is offline
In search of peace!
 
Join Date: Sep 2010
Location: Borderline
Posts: 6,175
PeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

"attempt to commit suicide" is different from "committing suicide".
the news is about the former.
Euthanasia is altogether different.
__________________
Only peace remains at last!
Reply With Quote
  #10  
Old December 13th, 2014, 05:25 AM
sgars's Avatar
sgars sgars is offline
2
 
Join Date: Jan 2007
Location: Mid West
Posts: 8,722
sgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by kalidas View Post
Lets say somebody - lets call him Ramlal - has life insurance. Now, his beloved malik Thakur has cancer, but doesn't have the money for treatment. Ramlal may choose to commit suicide, so his money can be used benevolently for Thakur's cancer treatment.

Thakur may have nikalofied Ramlal's life insurance in advance for situations like that .. so he has a backup financial plan.
But he will have also to do 'Setting' with Ramlal's family who would be the beneficiary. Else, once Ramlal's family getsmoney why should they give it to him. And if he is the beneficiary, with the time and money needed to fight his case on the following fronts, he could actually treat himself.
1. Why is he the beneficiary.
2. How come his servant has such a big insurance
__________________
This is quite a game, politics. There are no permanent enemies, and no permanent friends,only permanent interests. - Some Firang
Reply With Quote
  #11  
Old December 13th, 2014, 06:16 AM
PeaceSeeker PeaceSeeker is offline
In search of peace!
 
Join Date: Sep 2010
Location: Borderline
Posts: 6,175
PeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond reputePeaceSeeker has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

'decriminalizing attempt to suicide' and 'how will insurance companies deal with an insured person who commits suicide' are unrelated.
__________________
Only peace remains at last!
Reply With Quote
  #12  
Old December 13th, 2014, 06:47 AM
sgars's Avatar
sgars sgars is offline
2
 
Join Date: Jan 2007
Location: Mid West
Posts: 8,722
sgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond reputesgars has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by PeaceSeeker View Post
'decriminalizing attempt to suicide' and 'how will insurance companies deal with an insured person who commits suicide' are unrelated.
Waise hi, there are few discussions taking place and you want to end this one too....

If it was heyday, we would have had 100 posts on the 'Ghar wapasi' which is going on nowadays.

It is not even worth starting a thread on that now. there will be Ori pai , Shakti Pai and you on one side, but no one on the other side. Where is the discussion??

Swamiji, if you volunteer, we could 'Take the other side' and start off.
Else, jaane do.
__________________
This is quite a game, politics. There are no permanent enemies, and no permanent friends,only permanent interests. - Some Firang
Reply With Quote
  #13  
Old December 13th, 2014, 11:03 AM
raniraja's Avatar
raniraja raniraja is offline
The Y A W N E S T zzzz
 
Join Date: Jan 2001
Location: Surat
Posts: 9,871
raniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

So now it will not be a crime to "incite" someone to commit suicide ? If suicide is not a crime, or attempted suicide, then how can the "incitement" be suicide ?

Playing cricket is not criminal, so you can not be punished for asking someone to play cricket, right ?

Now no problem if you commit suicide and leave a note naming someone else. Maybe this is good news for Sooraj Pancholi

__________________
Nietzsche (1887) : God is dead
God (1900) : Nietzsche is dead
-----------------------------------------
I will not be hurried and I will not be bullied

Reply With Quote
  #14  
Old December 13th, 2014, 12:07 PM
Napolean Napolean is offline
Senior eCharchan
 
Join Date: Jul 2001
Posts: 9,049
Napolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond reputeNapolean has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by raniraja View Post
So now it will not be a crime to "incite" someone to commit suicide ? If suicide is not a crime, or attempted suicide, then how can the "incitement" be suicide ?

Playing cricket is not criminal, so you can not be punished for asking someone to play cricket, right ?

Now no problem if you commit suicide and leave a note naming someone else. Maybe this is good news for Sooraj Pancholi

abetting suicide or forcing someone to commit suicide will still be a crime since it can lead to death of a person.

I think this law will only exonerate that person who fails in suicide attempt.
Reply With Quote
  #15  
Old December 13th, 2014, 06:14 PM
raniraja's Avatar
raniraja raniraja is offline
The Y A W N E S T zzzz
 
Join Date: Jan 2001
Location: Surat
Posts: 9,871
raniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond reputeraniraja has a reputation beyond repute
Re: Government decriminalizes attempt to commit suicide, removes section 309

Quote:
Originally Posted by Napolean View Post
abetting suicide or forcing someone to commit suicide will still be a crime since it can lead to death of a person.

I think this law will only exonerate that person who fails in suicide attempt.
Right, so suppose someone ingests a bunch of sleeping pills in an attempt to commit suicide and leaves a suicide note blaming her boyfriend / husband / parents/ teachers for it, and suppose the "victim" is discovered before the death and rescued; in such a case no "crime" has happened, so will the "accused" be prosecuted ?

What if it was a man who attempted suicide and blamed his wife etc.. for the same ?
__________________
Nietzsche (1887) : God is dead
God (1900) : Nietzsche is dead
-----------------------------------------
I will not be hurried and I will not be bullied

Reply With Quote
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Why do people commit suicide? sonia Relationships 35 September 18th, 2012 06:28 AM
Would you commit suicide just because you farted in public? echarcha Cultural Exchange 4 September 30th, 2010 12:23 PM
Inspired by ' three idiots ' ,students commit ragging and suicide ashdoc Films 21 January 7th, 2010 09:48 AM
should UN commit suicide vyomkeshsaxena SoapBox 2 March 14th, 2003 11:56 PM
suicide bombers...what made them to commit suicide? amal Taaza Khabar - Current news 1 September 12th, 2001 04:04 PM


All times are GMT -7. The time now is 05:00 PM.


Powered by vBulletin® Version 3.7.2
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Site Copyright © eCharcha.Com 2000-2012.