SUICIDE 2

While supporting the Bill, senior advocate Rebecca John While supporting the Bill, senior advocate Rebecca Johnhad a slightly different take as she questioned the"conditional decriminalisation" of the offence, saying it was"not at all adequate", reflecting "lack of understanding" onthe legislature’s part about emotional state of a human being. Lekhi said those who attempt suicide were mentally ill ashuman beings "possess a survival instinct" which prevents themfrom taking own life. John was of the view that suicide attempts should becompletely decriminalised without any condition that theperson ought to be mentally ill, because such a step is takenby an individual due to "momentary weakness in mentalstrength" and need not be suffering from any mental ailment. She said that section 309 was "archaic and outdated" andseveral high courts of the country had repeatedly askedParliament to strike it down. Tulsi on the other hand said the government’s decision todecriminalise the offence of attempt to suicide "was a goodmove" as there have been no convictions till date undersection 309 of IPC. He also said it was "ironical" that if a person failed tokill himself, then the State will prosecute him under the IPCprovision. "We have every right to be custodian of our body.The person who takes his life is not a criminal in technicalsense," Tulsi said. Onus to prove that a person who attempts to suicide issuffering from mental illness at the time of attempting andshall not be liable to punished under the said section alwayslies on the State, not on the accused, Tulsi said. (More) PTIPPS HMP ABA SJK RKS ARCDV