That is why in my view, courts not only have a duty to protect the fundamental rights of citizens against State but also against fellow citizens and artificial persons like corporates, firms etc wherever the mandate or direction in Clauses is not state specific. Such cookies and other technologies helps us to identify you and your interests, to remember your preferences and to track use of zeenews. Constitution gives a mandate to State saying, No person shall be deprived of his right to life and personal liberty except according to the procedure established by law. It is this aspect which weighed with the Division Bench of Andhra Pradesh High Court in its aforesaid decision to disagree with the Bombay High Court view by stating that in certain cases even Probation of Offenders Act can be pressed into service, that Section 12 enables the court to ensure that no stigma or disqualification is attached to such a person. Similarly, was the name of a 1955 Bollywood movie starring Raj Kapoor. Also Read: In the Rajya Sabha, Minister of State of Home, Haribhai Parathibhai Chaudhary said that this recommendation has been made by the Law Commission of India in its 210 th report.
That is why it is not an individual choice to make within four walls of a room without negotiating it with State and Society. Montu had levelled a false allegation upon me. However, over a period of time, several countries have decriminalised this offence. Union of India 1994 Cr. . Right to life of which Article 21 speaks of can be said to bring in its trail the right not to live a forced life.
What are Cookies and Other Tracking Technologies? We, therefore, recommend to Parliament to consider the feasibility of deleting Section 309 from the Penal Code. Please note that if your browser setting is already setup to block all cookies including strictly necessary Cookies you may not be able to access or use all or parts or functionalities of our sites. Analysis: Right to life as enshrined in Constitution of India under Article 21 primarily means Right not to end life. They are challenged in courts claiming as against constitution of India. By continuing to browse or use our sites, you agree that we can store and access cookies and other tracking technologies as described in this policy. In that sense, the exception in Article 21 also operates as a restriction imposed on citizens. Some states have expressed their concern over the death threats made by people from fasting and self-immolation.
Whose rights he had offended to call it an Offence? Constitutionality of section 309 A Division Bench of the Bombay High Court has held in Maruti Sripati Dubai v. Anil Aggrawal, Professor of Forensic Medicine, at the Maulana Azad Medical College, New Delhi-110002. Instead of sending the young boy to a psychiatric clinic, the society gleefully sends him to mingle with criminals. Law cannot be cruel, which it would be if persons attempting suicides are treated as criminals and are prosecuted to get them punished, whereas what they need is psychiatric treatment, because suicide basically is a call for help. The Supreme Court felt that it will not be desirable to proceed with a criminal case initiated against him. Hence the State and Society have a responsibility to mitigate all those circumstances that endanger the life of a human being including the factors that force him to think of a suicide.
Indian Panel Code 2013 ed. He stated that views of all states and union territories were sought on the recommendations of the Law Commission of India in the aforesaid 210 th Report. Undue emphasis on the global debate on the desirability of retaining such a provision and the reference to euthanasia tends to befog the real issue of determining constitutional validity. The unreported decision of the Delhi High Court as noted in some articles , was rendered in a suo moto proceeding titled Court on its own Motion v. It closes the windows of negotiation with world. The majority of such deaths occur in low and middle income countries.
However, a Division Bench of the Andhra Pradesh High Court in Chenna Jagdeeswar v. The debate on the desirability of retaining such a penal provision of punishing attempted suicide, including the recommendation for its deletion by the Law Commission are not sufficient to indicate that the provision is unconstitutional being violative of Article 14. Those who demand virtue must do virtue, and should see that others too do the same. He went into hunger strike against his suspension. In a panic she suddenly jumped into a nearby well with her child. Thus, section 309 is not violative of Article 14 of the Constitution. Area 309 of the Penal Code should be destroyed from the statute book to refine our corrective laws.
That is why it does not contain the word State in it. Article 21 of the Indian Constitution states that 'no person shall be deprived of his life or personal liberty except according to procedure established by law'. That is why there is no correlation between Section 309 and Article 21 because it is not the mandate of Article 21 strictly to legislate a penal provision. Even if the person is not interested to keep himself alive, the society, because of its embedded love for sanctity of life, may have an interest in the body and life of that individual. He was convicted of this offence but his conviction was quashed by the High Court on the ground that he had no intention to commit suicide. The other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our sites. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law,many more penal statutes governing various offences have been created in addition to the code.