INTERNET MATERIAL ON SUCIDE AND OTHER RESOURCE MATERIAL ON SUICIDE
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- INTERNET MATERIAL ON SUCIDE AND OTHER RESOURCE MATERIAL ON SUICIDE
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IV) H s" •
SUICIDE PRONENESS
(Vaidyabhooshanam K. Raghavan Thirumulpad, Chalakudy-680 307)
Suicide proneness has become very general and common that
discussions as to how it can be curbed have become necessary. It
cutsacross all kinds of communal arid other differences of the people.'
Attempt to suicide is a culpable effence according to our code of
law. Recently the supreme court- has desided that it should not be
-so, ..-because if the attempt is successful, the effender cannot be
punished as the effender is dead and gone.
Some sort of failure
in achieving something that is deaired fervently or particular kind
of complex of fear to face some situation in life can be thought as
the basic cause to attempt sucide. Instead of helping to avert the
cause, punishing for attempting to escape from it, the supreme court
might have perhaps thought, is cruel. Most religions consider that
suicide is a sin. Suicide is killing oneself and any killing (Himsa)
is essentially a sin.
*
A suicide is generally attempted when one is afraid to face
some situations of life, sometimes real, sometimes imaginary. There
are some, psychological condition? with suicide as a symptom. People
who attempt suicide can be.generally said to be feeble minded,,-but
not always mentally dissased* Disappointment and unbearable pain
sometimes prompt suicide. Sometime ago, there was the story of a
person, who in old age committed suicide, leaving a letter that his
life-had been a great success, fulfillment, achieving everything
aimed in life, with nothing more to be desired,. nothing more to done
and hence he is putting an end to it. Perhaps his action can be
said to be courageous. Among the Jains, putting an and to life
lin the old age by willingly fasting is considered to be an act of
virtue. Any how, any attempt to suicide has to be considered as an
act. evoking sympathy.
In,Ayurveda, suicide-mania is a symptom of certain mental
diseases.
There the disease has to be cured by proper treatment
peneral advices are also given to keep the mid healthy and equanimous
and brave. The function and structure of the mind also are- explained
so as to understand how it can be maintained, and utilized properly.
The substance of ‘the mind is formed of the subtleast part of the
essence of the food, that we take. Structurally it is material
(Bhowthika), Primarily mind depends on what one ests, how one eats,
how one digests and assimilates what he eats. We can infer that
indirectly all the actions in life, somshow or other affect the mind.
So the elementery principles of a healthy body are binding for a
healthy mind also. The body exerts its influences on the mind just
as the mind, has its influences on the body. Functionally, the mind
is said to be the organ of thought. Basically mind is what one
thinks.
There can be two aspects of thought, emotion and discretionemotional and discretional. Emotion is the reaction of the mind to
circumstances. Discretion is bornout of the consideration about
the circumstances. As any other organ, it can be trained to react
.properly, and consider discretionally. Yoga is the method of train
ing- the mind. A prelude to training and restreining the mind, there
has to be conscious affort to control life with yama and niyama.
Yama is morality in nature (ahimsa -non injuring, Sathya -truth
fullness, astheya — non steeling, brahmacharya — continsnce, and
aparigraha - non possession) 7\himsa indicates kindness whiclj is
the basic virtue, the vittue of virtues, as without kindness no
other virtue can be susteined. Sathya is kindness in essence as
asathya is false hood and is injurious to others .
Stealing is
acquiring something that is not one's own by mer~it.
Continences is
not limited by regulation of sexual activity, it includes the con
trol of all the senses, senses of knowledge ( g?EW
1&)
and
’senses of action ()Non -possession mesans that one should
not ’intend to amass anything much more than what is needed for
...2;.
3
maintaining one self and others who are under one's care and for
doing one'sduties. Even if much more is earned by one's truthful
effort, it has to be administered as a trust bequesthed by God
for the benefit of tne world. Riches have to be earned virtually
and utilized virtually. These laws of a good life has to be
strictly observed and practised, so that the mind does not wandet
way wardly and commit blunders, to escape from the effects of which
people commit suicide. Actually these virtuee strengthen the mind.
The* Niyams are (1) eWTaio
Purity (2) (TOCO <S©Orfflo
-contentment
(3)
(H)J0(1)^O&o
regular and systematic study (4)
endurance
■in performing one's duties
5)
(jtSulCOJ 0(0o surrendering
oneself to Goa and submitting one's will to the will of God, taken
of which is worship in its various forms. Then comess (®0(TD(Do
practise-g body postures so as to control the body and to maint- .
sin ph- . ■cal health. Without maintaining proper physical health,
mental .. .alth cannot be maintained.
T^iese three aspects are nece
ssary for-' success in any discipline of lifei The remaining four
aspects f youga namely
OnfDCDo
(restraining the mind from.
external xbjocts )(1XKD?O
(controlling the senses inwardly.) WyOffi_b ,c . ;
steadfast con centration) and (TUtZQ (1)3
(permanence in sublime equani
mity, peace), are particularly indicated for spiritUallity. Fqr
the ordinary individual 1 bhakthi
(devotion to God) and SKCTO)
(descriminate understanding) will be enough for the control of mind
in daily household life. Actually unknowingly all people have there
as tendencies but we have to refine our tendecies by learning and
practice. This is the way to control the mind and prompt it in the
propet dirrection. Any kind of control of the mind in the basic
level is impossible without controlling the habits of food. If
we control our palate, the control of the senses and mind becomes
easier
JtbrffeQJ
(USCH)).
And pth’er activites of life,
exertion^ in everyway, sleep etc, have also to be controlled,
Controlling doesnot mean complete abstinence, it means avoiding the
extremes without being more ((Ba© 1)or less(nffl(D)
as the ^hagav^th
Geetha says dddfcOnfDCO QllnfOrom^ ’ djffe
<9-,(b0°0fR)6 &&MJ) (IDJ clKTOQJGSOSffiO (§QKj)T (BJ: 6UcfO
Yoga is the condition of equanimity
„
o <SdOU) g'aJ;) G®
Yoga promotes efficiency
G&OWO <9i(u(2)(2)
©6 diDUaHo This is the way to control the emotions of the mind
and actions of the body and to effectually direct the proceedings
of the intellect. This is the method to control oneself in the
virtuous way, avoiding tranegrassinons and aberrations in the
morals of life. . All these can be condensed in the ardent■devotion
and ur.ee r :Lionel surrender to God. which is Bhakthi -Yoga Prayer.
is not jus. -placing before the Lord some' requests for sanction. It
is the willing surrender of one's will to' the will of the lord,
which enlightens the correct and the straight way of a wirtyous
life. It assists one to pursue virtue in the strictest sense of the
term. In Ayurveda it is said that only virtue brings happiness.
(njJSlkoJ (HQ.fl'T') '.')(b(2(20(tb
It is happiness for which we all
strive by -.all ';Ur activities, of life. (TCJflJ)M0o : fllkbofaj (§^T-OaO: (Z©0:
•(rucbQjQj; L_qJC)O) ©tffi'Jd:
from sunrise to sunset and from sunset to
sunrise, whatever is done by us has to be virtous- for happiness, for
that rules and regulations for a virtuous life ((TDCBOaJOro )
are
elaborately prescribed in Ayurve’dic texts. It is also said that
what is said has to be understood only as examples ( gGOafXCGBo . 0D(j®o)
The idea behind the advices has to be properly grasped to be
put into practice in changed conditions and circumstances of life.
It is not the letter but the spirity that is important. The letter
has to be followed understanding.the spirit behind it. Also, it is
not pleasure but happinosss -that has to be sought after. Pleasure
but happiness that has to.be sought after. Pleasure is momentary
and trans:tory, but happiness is sternal and sublime. Seeking
plessure one may transgrass the’ path of virtues, but happiness is the
companion of virtue. Where there is virtue, there is virtue, there
is virtue.
compassion there is selflessness. Pleasure is selfish
. . . .3 . . .
:
3
.
and happiness is selfless. The idea and ideal can be cultivated
by the association of virtuous people. But the seed has to be
in one-self.
here the subject is suicide. We have to consider and correct
the domestic social and other factors to avoid the circumstances
of suicide. By a virtuous life many of these things can be
overcome. Also by moral courage one may withstand contrary factors
and also overcome fear. l-erhaps the idea behind the supreme
court judgement is that by inculcating fear by punishment in the
survivor alone, suicides cannot be prevented, and in personal
and social morality the remedy to the malady has to be found.
This is the idea that one gets by reading the lines and between
the lines of the Ayurvedic texts. The suicide proneness should
not be considered simply as a disease which can be cured by some
medicine. A compassionate and tolerant family and society are
also necessary in instill confidence in the members.
******
SUICIDE PREVENTION - A PRACTICAL APPROACH
Suicide is one of the important health problems with a social
dimension in the modern world. It has been increasing in the past
4-5 decades in the western countries. Recently, it has increased
in developing countries also. In Kerala, the rate of suicide is
very high when compared to other states of India (Kerala 24.7/100000,
India 8.1/Lash)
Suicide has got much social implications because most of the
people who commit suicide re in the productive age group and the
survivors have to undergo psychological tension and social isol
ation.
In most of the situaciohs, it is preventable if the society
is aware of the related pre".Jems and risk factors and if the attitude
of society is changed, positively.
Suicide prevention Clinic:
General Hosipital, Thiruvanthapuram
With che following objectives, we started a suicide prevention
clinci in Sept. 1993, under the Dept, of Psychiatry, General Hos
pital, Trivandrum. The main objectives include (1) to evaluate
various risk factors in suicide attempters.
(2) to develop treat-?
ment strategy (3) to develop a prediction model for future suicide
and repeated attempts in the survivors.
Our main target groups are (I) these who have attempted
suicide and admitted in the emergency ward (2 )Thiose who have
suicidal tendency among the O.P.D. Patients.
(3 ) Those who contact
through telephone during crisis.
So far we could follow' up 76. patients Who have attempted
suicide by posisoning, out of which 47 were fema.les.
Suicide
attempt is more among women, while completed sui.cide is more among
men in all studies. The highest rate of attempt, is seen in 15-35
years age group in the present study.
Intervention strategies
It is usually believed that, if somebody is determined to
commit suicide, nobody- can prevent it. This notion is unscienti
fic. It c’ah be seen that- most of the people are in an ambivalent
state when they intend to commit suicide. 80% cf t-hem give hints
by talking,'writing or by any other means to their close friends,
or relatives before the incident.
If somebody gives them support
and if the dependency need is fulfilled most of the cases can
besaved.
Suicide happens after passing through different stages
and in the earlier stages it is easy to prevent.
Preventive strategies are developed in individual level and
community level. Individual level:-- Counselling is an effective
method in healing the trauma of a person with suicidal intend.
This include, allowing the patient to ventilate, empathising, ident
ifying the problem, suggesting, alternative etc. sometimes, the
suicidal attempt or ideation will be associated with some psychi
atric problems like depression. In these cases drug theraphy also
can be indicated. Management is more effective, if there is team
approach where doctor,/psychiatric social, worker, psychologist
and health worker are involved. Counselling with family members
and group theraphy are also helpful in regaining the mentaJ, health
of the concerned person. Regular follow-up is necessary for full
success.
.
In telephone counselling also, the principles are same. But
here, the assessment of lethality is crucial in saving the person.
The management strategy depends on the- level of intensity and
. lethality. The dependency ne^d of -the patient must be fullfilled.
* Other relative or friends can be informed of the,problem if necessary
t’No suicide’ contract is made, if lethality is high.
[
I
/.. ?..
■
2
Problems and Limitations1
As far as the social stigma attached to suicide is existing
in our society, it is very difficult to rhake the programme success
ful. Most of the people are reluctant to consult with a psychiatrist
even after attempted suicide; Relatives also don't wish to whare
the problem with others; Some people even abscound from hospitals
as soon as they become symptom-freel Very few people come for
follow-up regularly.
In case of women, shame following suicide
attempt is intense and if she is an unmarried girl.
It creates
further Psychological tension -to, hereself and to her family members.
In-addition, the esisting social structure and values are
beyond our control, which determine the risk factors leading to
suicide and social rehabilitation.:of the Victims. These factors
limit the effects of our-activities to some extent. This can be
exemplified by the case studies.
Community level intervention
Community level prevention is relevant because the origin of
risk factors are-deep footed in the structure and values of society.
SocieL_attitude play an important rolein prevention and rehabili
tation.- Social stigma could be removed if professionals., teachers,
and other community leaders become aware of the problem. They can
teach people. Any person can help his/her friend’or family member,
who is in a crisis. 90%-of people share their,- feelings with peers.
The knowledge of warning signs and risk factors help in identifying
a suicidal person and thereby preventing. Warning signs ard ’threats
of suicide', (talking, writing. Hinting,) ’depression', 'Sudden
improvement after depression', 'hopelessness and helpnessness',
'noticeable change in behaviour', 'getting affairs in order',
giving away possessions' etc. Commo.nly associated risk factors
are sudden change in interpersonal relationship, loss'of a signi
ficant other, separation from friends, broken love affairs, neglect
from close relatives, family problems, trouble with law, shame,
unemployment alcoholism, drug abuse, previous attempt, family
history, suicide of a related person' etc.
Community level education can be given through mass media, by
organising workships, seminars, talks etc involving students,
professionals, teachers, and the public.'
To make the programme effective, co-operation.of’ all sections
is necessary. Myths and fear should be eliminated.
Suicide must
be treated as any other health problem. Discussions should be
promoted and oriented positively, it is false notion that suicide
is not preventable ,and it is some one elses business. Anybody can
help a friend who have suicidal tendency, if he/she has got
awareness. Health education Programmes and Health worker's training
to carry out crisis intervention services will be useful.
Dr.'Jayasree. A.K. M.D
(Epiders)
Research Assistant,
Psychiaty Department,'
General Hospital,
Thiruvanathapuram.
Education System and Employment Conditions Leading to Suicides
Paper,for" Presentation in the Symposium on the Socio-cultural
Factors providing for Suicides (Friday 5th' August 1994, Centre
for Health Care Research and Education, Rajagiri College of Social
Sciences, Kalamassery - 683 104).
Dr. John Pulparampil,
Associate Professor,
I .M .G., Trivandrum.
Introduction
Suicide as a social phenomenon is not a totally new one, Judas,
one of the 12 disciples of Jesus Christ, after betraying his Master
for 30 silver coins, is' reported to have gone and committed suicide.
He is said to have done so out of remorse or extreme grief over
what he did.
In India, up to very recent times, the practice of Sati was
widespread. While many, women who practiced this may have done so
out of irresistible social pressure, it is also possible that
atleast some have done so in a totally voluntary manner, unable to
bear the loss of their husbands. We have also stories of war heros
or men of nobility who opted for voluntary death when faced with
prospects of being caught and humiliated by enemies.
In Japan the practice of harakiri has socio-religious sanction
as an honorable way of ending one's life.
In our discussions on suicides, we need to distinguish between
what is done with social sanction (eg. Sati, harakiri etc.,) from
what is done without it. Our subject of discussion today, that is
"the alarming rise of suicides among the people of Kerala" belongs
to the second category.
Since the statistics regarding this alarming rise of suicides
in Kerala are periodically reported in News papers and.in profess
ional presentations by those studying this phenomenon, I am restri
cting myself to the topic given to me, that is, "education systems
and employment conditions leading to suicides". My approach is
therefore analytical, and not descriptive.
Two important questions are to be asked here . what motivates
people to commit suicide and what forces them to commit suicide?
1
•
Motivates People to Commit Suicide?
Judas was motivated to commit suicide by remorse or extreme
sorrow over what he did. A combination of extreme regret coupled
with hopelessness about being pardoned by his Master and co-disciples may have made him do so. Similar situations may be identifiable
in the case of also persons in Kerala who opt for suicide.
Persons who feel that they have done something extremely wrong
(eg. husband cheating over his wife; wife cheating over her husband;
father raping his daughter; brother raping his sister and who
later experience extreme remorse over what has been done) and
then commit suicide belong to this category. But such situations .
are rare in our society. Cases of suicides commonly reported belong
to other categories.
The cases of suicides commonly reported in our news papers
can be classified as follows;2.
2
1.
Suicides.by Students in the context of actual or wrongly
reported lower grades or failures in examinations;
2.
Suicides by for frustrated lovers- (who may be .students,'
married persons, lesbians, or those, under caste restrictions);
3.
Suicides by frustrated job-seekers;.
4.
Suicides by youngsters who feel neglected by parents and
who wanted to defeat the parents through this extreme step;
5.
Suicides by wives or husbands cheated by their partners in
marital loyalty.
6.
Suicides by person who felt that they could not any more
cope with extreme poverty.
7.
Suicides by persons who felt caught in their crimes (including
mishandling of money in fraud ways) and who found no ways of
escape;
8.
Suicides by persons under extreme depression over the loss
of near and dear ones;
9.
Suicides by persons who were unable to cope with stress
in life;
10.
Suicides by persons with other reasons not mentioned above.
The motivations behind the suicides in each of the situations
mentioned above need to be examined.
1.
Situation One . Students committing suicide when things
go wrong with examination results.
There is an increasing trend Of this type of cases. This
happens either when the students are declared failed or when grades
are declared to be lower than what wasexpected. This may be also
accompanied by reprimand by parents for not doing well' in the
examinations. This may be more in the case of over pampered
students.
The action of suicide by the concerned student may be
motivated by : . .
1.
a desire to escape further humiliation in the society,
including reprimand by parents;
2.
a desire to take revenge upon th© parents who are seen
to be unfair in reprimanding for the failure.
3.
» desire to have nothing to do with a life that has become
unbearable or unattractive*
2.
Situation Two
Suicides by frustrated lovers.
motivations may include:
1.
a desire■to be united in or after death when such a union
appears impossible in actual life;
The
2.
a desire to escape humiliations from the society;
3.
a desire to take revenge upon those who caused’obstructions.
>.3.
*
3
3.
s
Situation Three
Suicides by frustrated job seekers.
The motivation may be 1.
a desire to finish with a totally defeating situation in life;
2.
a desire to take revenge upon those who caused obstructions.
4. Situation Four
motivations may be.
: ' Suicides by those feeling neglected.
1.
a desire to finish with the life that has become- totally ■
disgusting;
2.
a desire to take revenge upon those who are judged to be
unfair;
3.
a desire to make oneself more wanted (especially when s
suicide attempts are made or tried as a trick to force
attention op oneself).
5.
Situation Five s Suicides over violations of marital
loyalty. The motivations may be.
The
1.
a desire to finish with the life that has become disgusting;
2.
a desire to escape humiliations in society;
3.
a desire to escape the insecurity caused by the (actual or
potential) loss of the partner;
4.
a desire to take revenge upon the one who violated marital
loyalty.
6.
Situation Six, may be
1.
a desire to finish with the life that has'become totally
unmanageable;
2.
a desire to escape humiliations (especially in situations
of forced lowering of standards in life).
3.
Suicides due to poverty.
The motivations
Situation Seven .• Suicides when caught in crimes.
The motivations may be;
1.
a desire to escape humili.ations of exposure and punishment;
2.
a desire to finish with life when faced wit® obligations
of repayment, refunding, compensations etc.) beyond one's
repayment capacity.
8.
Situation Eight
may be i
1.
a desire to finish with a life when one is going to be left
without the near or dear one who had become a centre of
one's life;
l.
Suicides under Depression.
The motivations
2.
a desire to demonstrate one's attachment to the lost one;
3.
a desire to be united in death with the lost one;
4
The motivations
5-
Situation Nine ;
may be J “
1.
a desire to finish with a life that has become unbearable
or unattractive;
Suicides under strees.
2.
a desire to escape actual or feared humiliations.
10.
Situation Ten .
may be ;
1.
a desire for fillfilling a solidarity Pact(eg. between lovers,
friends, members of suicidal mission).
2.
a desire for fulfilling a threat between quarrelling family
members).
Suicides for Other Reasons.
The motivations
Case studies of actual situations may help us to identify
more motivations.
I1
>*hat Forces People to Commit Suicide
The forces behind the motivations identified above can
be classified as subjective and objective, in the sense of those
existing in the persons committing suicide and those existing
outside them.
a)
.Subjective Forces
Reasons for suicides are subjective when they are existing
in the minds of persons who decide to commit suicide. All the
"desires" mentioned above as motivations are existing in the
minds of those who .decide to commit suicide. To this extent,
all such desires are subjective. Cutting across the situations,
these subjective forces can be listed as.
1.
desire to escape humiliations;
2.
. desire to take revenge upon some one;
3.
desire to finish with a disgusting life;
4.
desire to make oneself more wanted;
5.
desire to escape emotional insecurity;
5.
desire to escape economic insecurity;
7.
desire to demonstrate attachment to a lost one;
8.
desire to be united,.in death.
9.
desire to fulfil a solidarity pact;
10.
desire to carryout a threat (for enhancing
one's ego);
11.
desire to demonstrate one's commitment to .a.cause or
ideology;
■
'•
12.
desire to do the extreme for promoting a cause.or ideology.
the worth of
..5.
5
In every instance of actual or attempted suicide, either one
or a mingling of the above subjective forces can be found. These
may be found in varying forms of combinations and in varying
patterns of intensity, which can be examined by studying every
instance in a detailed manner. Pre-suicide notes (when avail
able), pre-suicide conversations with near and dear ones, pre
suicide actions, usual life style upto the time of suicide etc.
of those who actually committed or attempted suicide can provide
clues to the subjective forces behind suicides.
b)
Objective Forces
Objective forces are those-existing outside those who commit
Suicide. These may be found in the families, neighbourhoods,
educational institutions, place of work and the society at large.
Each >f those sources could be examined in detail to identity
contributing factors.
1•
The Family
The family may contribute to the suicide of a persons in many
ways including;
a)
making a person feel unwanted;
b)
subjecting a person to extreme humiliations;
c)
making unreasonable demands including matters of grades,
ranks, subjects of study, and fields of specialisation;
d)
making unreasonable demands in matters of dowry from a
girl brought in marriage;
e)
making unreasonable economic demands from an earning member;
f)
causing extreme insecurity through threats, deprivations etc;
g)
forcing somebody to marry an undesirable reason;
h)
refusing to allow a person to marry a chosen partber.
2■
The Neighbourhood
Those living as neighbours can contribute to the suicide
of a person in many ways including;
a)
unbearable teasing;
b)
spreading false stories leading to the damage of name
end esteem;
c)
causing extreme insecurity;
d)
joining the members of -Other familites who engage in practi
ces that can contribute to the suicide of a member.
3.
Educational Institutions
The educational institutions can contribute to suice in
several ways. These include ;
a)
Inculcation of wrong and destructive values in life (eg.
over emphasis on competition, achievement, success in career,
role of money, position, and power etc.)
..6.
6
b)
Institutionalisation of wrongly conceived criteria in
studies and in life (eg. marks, grades, ranks etc.
interpreted and used in very narrow ways).
c)
Practice of unfair and unreliable methods in assessment
and rewards;
d)
Failure to provide a balanced vision of life;
e)
Failure to promote emotional and intellectual maturity;
f)
Failure to provide timely counselling.
4•
The Place of Work
Those in the place of work too can contribute to suicide
in many ways. These include.
a)
•’.axing a person feel unwanted;
b)
' bjecting a person to extreme humiliations;
c)
making unreasonable demands (eg. sexual favours, unmanage
able quantity of work);•
d)
causing extreme insecurity;
e)
subjecting to ihjustice;
f)
causing extreme frustration in matters of career advance
ment, job satisfaction, and self-actualisation;
g)
causing extreme economic frustration.
5-
The Society
In various ways members of the society at large too can
contribute to suicide. These include.
a)
causing unbearable adverse publicity of a person;
b)
creating situations of extreme humiliations;
c)
creating end maintaining structures of social, economic,
and political frustrations;
d)
denying opportunities for reddressal of extreme grievances;
e)
creatiing and promoting life styles which only a few can
cope with, while causing unbearable frustrations, for those
who cannot cope with the same;
f)
creating and maintaining values and priorities that upset
she balance of life, leading to incompatible pursuits, and
fill the life of individuals with goals that are suicidal
in nature-(in the sense of killing the very results that
are being pursued, as in the case of "success" irrespective
of the means being used).
g)
taking individuals mere cogs in a machine (caste structure,
political party, bureaucracy etc.) where requirements of
human growth, personality development. Self-actualisation
etc are denied opportunities.
..7.
: 7 »
IV.
Strategies for Coping with Rising Trends in Suicides
Since the sources of the forces for the rising trends in,
suicides are manifold, strategies' for dealing with this trend
also should be manifold, addressed to each of the sources that
make contributions to the rising trend. The family, the neighbour
hood, the educational institutions, the place of work and the
society atlarge need to be treated as target for treatment.
The strategies need to be of various forms, including.
1.
General awareness-building on the trend and its causes
through mass communication so as to reach all of the five
sources of the contributing forces.
2.
-Sector-based, communication and awarenss-building campaigns
to be sponsored byvoluritary agencies as well as the
governmental and semi-g.'vernnental agencies.
3.
Sector-based counselling efforts aimed especially at the
families educational institutions, and place of work,
focussing on those who "manage" these sub-social systems.
4.
Individual-based couselling efforts aimed at the members
of the three main sources, namely, the family, educational
institutions and place of work.
(Centres to be set up for
providing help to whoever is in need of assistance).
5.
Re-defining the social goals of education to encompass the
need for preparing individuals not,only for securing grades
and obtaining degrees, but also for makihg'them.prepared and
fit ’to successfully face., the teSsts of.'life, .arid’/to be useful
to themselves, to' the family, to the neighbourhood, to the
society, to'the country and to the'world in an ascending
order of achievement.and excellence.
Conclusions
In' defining' sucess and. achievement, the present trend is to
exphasise the capturing of positions and the grabbing of money
and power (through means fair and not fair). This is preparing
people for becoming mere."takers". Instead of this, the emi>hasis
has to be'placed on becoming "givers' Of benefits to. one's
family, one's neighbourhood, one's place of.study, one's place
of work, one's society, one's courtry and one's’world. The
criteria of acheivement and success should be redefined to mean
the actual- contributions one makes , to the above situations of
group- living, instead, of the present emphasis on the accumula
tion of power,:money and status symbols.
M H S'
The suroido'. .-U-1' ■
who threaten or :
4 iu u.’.l wl;o aru dRsLsaoa and in those
Mwii own possible suicide.
?LISC0SCBPTI<M3
(1)
Threatening suicide does not mean that the patient will not
attempt suicide.
(2)
Asking patients if they have thought of suicide does not provoke
them into thinking of suicide.
("))
A small overdose is not an indication that the patient did not
mean to kill themselves.
’ 'fSSMEMT
Ask the following questions in this order:if lost interest in life;
if wished did not wake up;
if wished were dead;
if thought others would be better off with the patient dead;
if thought of harming self:
if planned a method;
if has taken active steps in preparation of self harm;
if has attempted self harm.
Negative replies mean that the later questions are probably not
necessary. Positive responses to later questions indicate more
serious risk. Repeated assessments will be necessary where there
is doubt.
PATIENTS AT PARTICULAR RISK OF SUICIDE are the:
very depressed;
previous attempt suicide;
males over 55 years;
the isolated;
alcoholics and drug addicts;
those with an overwhelming problem with no prospect of
solution (e.g. SEVERE CHRONIC ILLNESS, TERMINAL ILLNESS)
severe personal or work failure;
severe family problems;
public disgrace (e.g. pending police prosecution).
A combination of two or more of the above factors place the patient
in a high risk category calling for an urgent medical opinion.
CIRCUMSTANCES OF ATTEMPTED SUICIDE -■ bah giva a guide to the degree of
risk of further fatal self harm. There is a high risk if there has been:attempted hanging, drowning, shooting, throat cutting;
attempt where patient was clearly not expecting to be
discovered and resuscitated.
HGE/IMT 1986
A) H S': £
&C395
JUDGEMENTS today
1994(3)
Ratan Chand v. Ashkar, AIR 1976 Andhra
Earliest reference to the word "crime" 7.
dales back to 14th century when it conveyed to the.
Pradesh 112. [Para 96]
mind something reprehensible wicked or base. 8.
R.C. Cooper v. Union of India, AIR 1970
Any conduct which a sufficiently powerful sec
SC 1318. [Para 16]
tion ofany given communityfeels to be destruc 9.
Ranjit D. Udeshi v. State of Maharashtra,
tive ofits own interest, as endangering its safety,
AIR 1965 SC 881. [Para 89]
stability or comfort is usually regarded as hei 10.
Colapatri v. Colapatri, AIR 1964 Andhra
nous and it is sought to be repressedwith severity
Pradesh 465. [Para 96]
and the sovereign power is utilised to prevent the
11.
Glherulaj Parakash v. Mahadeodas, AIR
mischiefor to punish anyone who is guilty ofit.
1959 SC 781. [Para 94]
Very often crimes are creations of Government
12.
Mafizuddin v. Habibuddin, AIR 1957
policies and the Government in power forbids a
Calcutta 336. [Para 96]
man to bring about results which are against its
13.
Bhagwant v. Gangabishan, AIR 1940
policies.
Bombay 369. [Para 96]
In a way there is no distinction between
crime and tort, inasmuch as a tort harms an indi- Foreign Cases Referred:
vidualwhereas a crime is supposed to harmasociety.
But then, a society is made ofindividuals, harm to
1.
Euderby Town Football Club Ltd. v. Foot
an individual is ultimately harm to society.
ball association Ltd., 1971(Ch.)591.[Para 97]
2.
Solesbee v. Balkcom, 1949 (339) US 9.
A crime presents these characterstics:
[Para 84]
(1)
itisaharm, brought about by human conduct
which the sovereign power in the State desires to
prevent: (2) among the measures ofprevention
selected is the threat ofpunishment; and (3) legal
proceedings of a special kind are employed
to decide whether the person accused did in
fact cause the harm, and is, according to law,
to be held legally punishable for doing so.
[Paras 50 to 52]
Cues Referred:
3.
4.
5.
6.
Egerton v. Brownlow, 1853 (4) HLC 121.
[Para 94]
Barwin v. Reidy, 307 p.2d 175. [Para 98)
Clough v. Gardiner, 182 NYS 804. [Para 99]
Draughon v. Fox pellctir Corporation, 126
SW 2d 329. [Para 99]
Books end Articles Referred:
Alan A Stone : 1987 ‘‘Jonas Robhscher Memo
rial Lecture in Law and Psychiatry, under
the caption: “The Right to Die”: New Prob
lems for Law and Medicine and Psychia
try”, Emory Law Journal, Volume 37, 1988,
pp. 627 to 643.
2.
C. Jagadeeswar v. State of Andhra Pradesh,
1988 Crl. U 549. [Para 8]
Annual Survey of Indian Law, 1987 Vol. (23)
p.260. [Para 10]
3.
Maruti Shripati Dubai v. State of
Maharashtra, 1987 Crl.U 743. [Para 7]
Burton M. Leisers : “Liberty, Justice and Mor
als" 1973 p. 19. [Para 84]
4.
Central Inland Water Transport Corpora
tion Ltd. v. Brajo Nath, AIR 1986 SC 1571, Maurice Halbwacks : ‘Causes of Suicide’,
[Para 97]
(Translated by Harold Goldblatt). [Para 70]
5.
State v. Sanjay Kumar, 1985 Crl.LJ 931. Encyclopaedia of Crime and Justice, Vol (TV)
[Para 6]
1983 p.520. [Paras 18&67]
6.
Bachan Singh v. State of Punjab, AIR 1982 H. Romilly Fedden: ‘Suicide’ (London, 1938)
SC 1325. [Para 63]
p.42. [Para 105)
1.
Unnikrishnan v. State of Andhra Pradesh,
JT 1993 (1) SC 474 - 1993 (1) SCC 645.
[Para 27]
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr. [B.L. Hansaria. J.]
Islamic and Comparative Law Quarterly, Vol.
(VII) p. 112. [Para 9]
Law Commission of India, 42nd Report of 1971,
[Para 23]
Simon Lee : “Laws and Morals”, 1986 p.86.
[Para 87]
Suffolk University Law Review, 1991 Vol. (25)
829. [Para 15]
E.S. Shnaidaman : ‘Suicidology: Contemporary
Developments’, 1976p.14. [Paras 71 & 111]
Victor Hugo : ’Les Miserables’. [Para 65]
Webster’s Third New International Dictionary,
1968. [Para 15]
’Words and Phrases’, Permanent Edn. 1963
■ :..Vol.(35)p.454. [Para98]
HANSARIA, J.:
1.
Gandhiji once observed:
“Death is our friend, the trust of friends.
He delivers us from agony. I do not
want to die of a creeping paralysis of
my faculties - a defeated man”.
2.
The English poet William Emest
Henley wrote:
“I am the master of my fate, I am the
captain of my soul”.
3.
Despite the above, Hamlet’s di
lemma of “To be or not to be” faces many
a soul in times of distress, agony and suf
fering, when the question asked is “To
die or not to die”. If the decision be to die
and the same is implemented to its fructifi
cation resulting in death, that is the end of
the matter. The dead is relieved of the agony,
pain and suffering and no evil consequences
known to our law follow. But if the person
concerned be unfortunate to survive, the at
tempt to commit suicide may sec him behind
the bar, as the same is punishable under sec
tion 309 of our Penal Code.
SC397
4.
The two petitions at hand have as
sailed the validity of section 309 by con
tending that the same is violative of Ar
ticles 14 & 21 of the Constitution and the
prayer is to declare the section as void.
The additional prayer in Writ Petition (CrI.)
419/87 is to quash the proceedings initi
ated against the petitioner (Nagbhusan) un
der Section 309.
5.
The judiciary of this country had
occasion to deal with the aforesaid aspect;
and we have three reported decisions of
the three High Courts of the country,
namely, Delhi, Bombay and Andhra
Pradesh on the aforesaid question. There
is also an unreported decision of the Delhi
High Court. It would be appropriate and
profitable to note at the threshold what the
aforesaid three High Courts have held in
this regard before we apply our mind to
the issue at hand.
6.
The first in po
f time is the de
cision of a Division
li of Delhi High
Court in State v. San,.
rniar. 1985 Crl.
Law Journal, 931, in wnich the Court was
seized with the question as to whether the
investigation of the case under section 309
should be allowed to continue beyond the
period fixed by section 368 Cr. P.C. Some
loud thinking was done by the Bench on
the rationale of section 309. Sachar, J., as
he then was, observed for the Bench:
“It is ironic that Section 309 IPC still
continues to be in our Penal Code ...
Strange paradox that in the agu of vota
ries of Euthanasia, suicide should be
criminally punishable. Instead of the so
ciety hanging its head in shame that there
should be such social strains that a young
man (the hope of tomorrow) should be
driven to suicide, compounds its inad
equacy by treating the boy as a criminal.
Instead of sending the young boy to
S.C398
JUDGEMENTS TODAY
psychiatric clinic it gleefully sends him to
mingle with criminals..... The continuance
of section 309 1PC is an anachronism un
worthy of a human society like ours.
Medical clinics for such social misfits cer
tainly but police and prisons never. The
very idea is revolting. This concept seeks
to meet the challenge of social strains of
modem urban ana competitive economy
by ruthless suppression of mere symp
toms - this attempt can only result in fail
ure. ..eed is for humane, civilised and
socially oriented outlook and penology
....No wonder so long as society refuses
to face this reality its coercive machinery
will invoke the provision like section 309
IPC which has no justification right to
continue remain on the statute book. ’ ’
1994 (3)
9.
The unreported decision of the
Delhi High Court has been noted in the
articles of Sri B.B. Pandey, Reader in Law,
University of Delhi, as published in Is
lamic and Comparative Law Quarterly,
Volume VII (1) March, 1987 at page 112
to 120 and of Sri Faizan Mustafa, Lec
turer, Department of Law, Aligarh Mus
lim University, at pages 36 to 42 of 1993 1 SCJ, Journal section. That decision was
rendered in a suo motu proceeding titled
as "Court on its own Motion v. Yogesh
Sharma'' and registered as Crl Revision
No.230/85. The decision was rendered by
Sachar, C.J. The Court once again pointed
out to the futility of creating criminal li
ability in suicide cases, but instead of strik
ing down the section or declaring it in
valid, what the learned Chief Justice did
was to quash all the 119 proceedings pend
ing in the trial courts on the ground that
dragging of the prosecutions for years when
the victims have had enough of misery and
the accused also belonged to poorer sec- .
tion which added further insult to the in
jury, would be abuse of the process of the
court. Being of this , view, each of the ac
cused was directed to be acquitted.
7.
Soon came the Division Bench de
cision of Bombay High Court in Maruti
Shripati Dubai v State of Maharashtra,
1987 Crl Law Journal 743, in which the
Bench speaking through Sawant, J., as he
then was, on being approached for quash
ing a prosecution launched against the pe
titioner under section 309 of the Penal
Code on the ground of unconstitutionality
of the section, took the view and that the
section was ultra vires being violative of
Article 14 and 21 and was therefore struck
Striking down of the section by the
down. We would note the reasons for the 10.
view taken later.
Bombay High Court has come to be
criticised by the aforesaid Shri Pandey and
8.
Close on the heels was the decision Shri Mustafa, so also by Shri D.D. Pandey,
of a Division Bench of Andhra Pradesh High Research Professor, Indian Law Institute,
Court in C. Jagadeeswar v. State ofAndhra in his article on “Criminal Law”, as at
Pradesh, 1988 Crl. Law Journal 549, in which pages 260 to 270 of Vol. 23 (1987) of
on the High Court being approached against Annual Survey of Indian Law, published
the conviction of the appellants under sec by the Indian Law Institute. In the 'Edito
tion 309, inter alia, on the ground of the rial Note’ titled 'Taking one’s Life’, as pub
section being violative of Articles 14 and 21 lished at pages 37 to 40 of (1986-87) 91
of the Constitution, the Bench held that the CWN (Journal section), the Bombay deci
section was valid as it did not offend any of sion received some criticism.
these articles. The Bombay view was dis
sented to; the reasons of which also we shall IL
Before dealing with the points
advert later.
raised in these writings, it would be worth
P.Ralhinam/Nagbhusan Palnnik v Union of India & Anr \B.L Hansaria, J.]
while to note that Shri V.S.Deshpande af
ter his retirement as Chief Justice of Delhi
High Court had expressed his view on this
question in his article titled “To be or not
to be” printed at pages 10 to 15 of the
Journal part of 1984 (3) SCC. Shri
Deshpande, after referring to what had
been held by this Court regarding the scope
of Article 21, took the view that if section
309 is restricted in its application to at
tempt to commit suicide which are cow
ardly and which are unworthy, then only
this section would be in consonance with
Article 21, because, if a person having had
no duties to perform to himself or to oth
ers when he is terminaiy ill, decides to
end his life and relieve himself from the
pain of living and the others from the bur
den of looking after him, prosecution of
such a person would be adding insult to
injury and it was asked “Should a Court
construe Section 309 IPC to apply to such
cases?”
12.
Some time afterwards appeared an
article of.Juptice R.A. Jahagirdar of
Bombay Hi^fr Court in the Illustrated
Weekly of India (September 29, 1985) in
which the learned Judge took the view that
section 309 was unconstitutional for four
reasons: (I) neither academicians nor ju
rists are agreed on what constitutes sui
cide, much less attempted suicide; (2) mens
rea, without which no offence can be sus
tained, is not clearly discernible in such
acts; (3) temporary insanity is the ultimate
reason of such acts which is a valid
defence even in homicides; and (4)
individuals driven to suicide require
psychiatric care.
13.
Apart from the aforesaid judicial
and legal thinking on the subject relating
to justification and permissibility of pun
ishing a man for attempting to commit sui
SC399
cide, there arc proponents of the view that
euthanasia (mercy killing) should be per
mitted by law. Wc do not propose to refer
to the thinking on this subject, principally
because the same is beyond the scope of
the present petitions and also because in
euthanasia a third person is either actively
or passively involved about whom it may
be said that he aids or abets the killing of
another person. We propose to make a dis
tinction between an attempt of a person to
take his life and action of some others to
bring to an end the life of a third person.
Such a distinction can be made on prin
ciple and is conceptually permissible.
14.
Though what we propose to decide
in these cases would, therefore, relate to
the offence of attempted suicide, it is none
theless required to be stated that euthana
sia is not much unrelated to the act of
committing suicide inasmuch as wherever
passive euthanasia has been held to be per
missible under the law, one of the require
ments insisted is consent of the patient or
of his relations in case the patient be not
in a position to give voluntary consent.
The relationship between suicide and eu
thanasia has come to be highlighted in a
decision of the Supreme Court of Nevada
(one of the States of United States of
America) in Mckay N.Bergstedt, where a
patient filed a petition to the Court for per
mitting disconnection of his respirator. The
District Court, on the facts of the case,
granted permission. The State appealed to
the Supreme Court of Nevada who, after
balancing the interest of the patient against
the relevant State interest, affirmed the Dis
trict Courts’ judgment. The Court took the
view that the desire of the patient for with
drawal of his respirator did not tantamount
to suicide - the same was rather an exer
cise of his constitutional and common law
right to discontinue unwanted medical
SC 400
JUDGEMENTS TODAY
.treatment. This was the view taken by the
majority: One of the Judges expressed dis
senting view.
15.
A comment has been made on the
aforesaid decision at pages 829 to 838 of
Suffolk University Law Review, Volume
25 (1991) by stating that the distinction
made by the majority between suicide and
euthanasia because of differences in mo
tive and mental attitude, is not tenable and
the commentator referred to the dissenting
opinion in which it was observed that the
patient was in fact requesting the court to
sanction affirmative act which was entirely
consistent with the court’s definition of sui
cide, inasmuch as the majority had defined
suicide as “an act or instance of taking
one’s own life voluntarily and intention
ally; the deliberate and intentional destruc
tion of his own life by a person of years of
discretion and of sound mind; one that
commits or attempts his self-murder.”
(This was indeed the definition given in
Webster’s Third New International Dic
tionary, 1968).
16.
We may now note the reasons given
by the Bombay High Court in Shripati's
case (supra) for striking down the section
as violation of Article 21. These reasons
are basically three: (1) Article 21 has con
ferred a positive right to live which carries
with it the negative right not to live. In
this connection it has been first stated that
the fundamental rights are to be read to
gether as held in R.C. Cooper v. Union of
India, AIR 1970 SC 1318. Mention was
then made of freedom of speech and ex
pression, as to which it was observed that
the same includes freedom not to speak
and to remain silent. Similarly, about the
freedom of business and occupation, it was
stated that it includes freedom not to do
business. (2) Notice was then taken of the
1994 (3)
various causes which lead people to com
mit suicide. These being mental diseases
and imbalances, unbearable physical ail
ments, affliction by socially dreaded dis
eases, decrepit physical condition disabling
the person from taking normal care of his
body and performing the normal chores,
the loss of all senses or of desire for the
pleasures of any of the senses, extremely
cruel or unbearable conditions of life mak
ing it painful to live, a sense of shame or
disgrace or a need to defend one’s honour
or a sheer loss of interest in life or disen
chantment with it, or a sense of fulfilment
of the purpose for which one was bom
with nothing more left to do or to be
achieved and a genuine urge to quit the
world at the proper moment. (3) The Bench
thereafter stated that in our country differ
ent forms of suicide are known. These be
ing: Johars (mass suicides or self-immola
tion) of ladies from the royal houses to
avoid being dishonoured by the enemies;
Sati (self-immolation by the widow on the
burning pyre of her deceased husband);
Samadhi (termi : ation of one’s life by self
restraint on breathing); Prayopaveshan
(starving unto death); and Atmarpana (selfsacrifice). It was also observed that the
saints and savants, social, political and re
ligious leaders have immolated themselves
in the past and do so even today by one
method or the other and society has not
only not disapproved of the practice but
has eulogised and commemorated the prac
titioners. It may be pointed out that the
Bench made a distinction between “sui
cide” and “mercy-killing”; so also, be
tween suicide and aiding or abetting the
same
17.
The Bombay High Court held sec
tion 309 as violation of Article 14 also
mainly because of two reasons. First, which
act or acts in scries of acts will constitute
P.Rathinam/Nagbhusan Patnaik v Union of India & Anr. (B.L. Hansaria, J ]
SC401
attempt to suicide, where to draw the line, ing the sentence appropriately. It is worth
is not known - some attempts may be seri pointing out that section 309 has only pro
ous while others non-serious. It was stated vided the maximum sentence which is upto
that in fact philosophers, moralists and so one year. It provides for imposition of fine
ciologists were not agreed upon what con only as a punishment. It is this aspect which
stituted suicide. The want of plausible defi weighed with the Division Bench of
nition or even guidelines, made section 309 Andhra Pradesh High Court in its afore
arbitrary as per the learned Judges. An said decision to disagree with the Bombay
other reason given was that section 309 view by stating that in certain cases even
treats all attempts to commit suicide by Probation of Offenders Act can be pressed
the same measure without referring to the into service, whose section 12 enables the
circumstances in which attempts are made. Court to ensure that rro stigma or disquali
fication is attached to such a person. (See
18.
The first of the aforesaid reasons is Para 32 of the judgment).
not sound, according to us, because what
ever differences there may be as to what 20.
We agree with the view taken by
constitutes suicide, there is no doubt that the Andhra Pradesh High Court as regards
suicide is intentional taking of one’s life, section 309 qua Article 14. But the
as stated atpage 1521 of Encyclopaedia of Bombay Bench itself was more involved
Crime and Justice, Volume IV, 1983 Edn. with Article 21 and violation of it by sec
Of course, there still exists difference tion 309, the reasons whereof have been
among suicide researchers as to what con noted. Whether these are sound and ten
stitute suicidal behaviour, for example, able, would be our real consideration.
whether narcotic addiction, chronic alco
holism, heavy cigarette smoking, reckless 21.
The Bombay High Court’s decision
driving, other risk taking behaviours are led some thinkers to express their own
suicidal or not. It may also be ihat differ views. We have noted who they were. The
ent methods are adopted in committing sui broad points of their objcction/criticism
cide, for example, use of fire arms, poi were these: (1) suicide is an act against
soning especially by drugs, over doses, religion; (2) it is immoral; (3) it produces
hanging, inhalation of gas. Even so, sui adverse sociological effects; (4) it is against
cide is capable of a broad definition, as public policy (this has also been the main
has been given in the aforesaid Webster’s argument of the counsel ofUnion of India
Dictionary. Further, on a prosecution be before us); (5) it damages monopolistic
ing launched it is always open to an ac power of the State, as State alone can take
cused to take the plea that his act did not life; and (6) it would encourage aiding and
constitute suicide whereupon the Court abetting of suicide and may even lead to
would decide this aspect also.
‘constitutional cannibalism’.
19.
In so far as treating of different at
tempts to commit suicide by the same mea
sure is concerned, the same also cannot
he regarded as violative of Article 14, in
asmuch as the nature, gravity and extent
of attempt may be taken care of by tailor
22.
We shall in due course see whether
the aforesaid objections raised against the
Bombay judgment are valid. Concerned as
we arc with the broad contention that sec
tion, 309 isviolative of Article 21, we shall
first inform ourselves as to the content and
&C4Q2
JUDGEMENTS TODAY
reach of this Article and then answer in a
general way as to whether a person resid
ing in India has a right to die. Section 309
being a part of our enacted law, we would
desire to know what object a law seeks to
achieve. This section having made attempt
to commit suicide an offence, we shall ask
the question as to why is a particular act
treated as crime and what acts are so
treated. We shall then apply our mind to
the purposeful query as to how a crime
can be prevented. Being seized with the
crime of‘attempted suicide', we shall ap
prise ourselves as to why suicides are com
mitted and how can they be really pre
vented. We would also desire to know what
type of persons have been committing sui
cides and what had been their motivations.
We would then view the act of commit
ting suicide in the background of our ac
cepted social ethos. Having done so, we
shall take up the points of criticism noted
above one by one and express our views
on the same.
23.
Having known that the Law Commiaaion of India had in its 42nd Report of
1971 recommended deletion of section
309, we shall put on record as to why was
this recommendation made and how was
the same viewed by the Central Govern
ment; and what steps, if any, were taken
by it to implement the recommendation.
What is the present thinking of the Union
of India shall also be taken note of.
24.
Finally, we shall open our mental
window a little to allow breeze to come
from other parts of the world, inter alia,
because Gurudcv (Rabindranath Tagore,
p the Noble laureate) wanted us to do so.
’■ ^Globalisation has, in any case, been acIsceptcd by us in some other fields of our
1 activities. We have stated opening of this
window “a little” because wc propose to
1994 (3)
confine ourselves to know whether attempt
to commit suicide is presently a crime only
in two other countries of the globe - they
being United Kingdom and United States
of America. The reasons of our selecting
these two countries shall be indicated when
wc shall advert to our "global view’ query.
It may only be stated here that wc arc open
ing the window only a little, as, the little
air that would pass through the little aper
ture would be enough, in our view, to en
able us to have broad knowledge of global
view on the subject under consideration.
25.
The aforesaid mental odyssey
would take us through a long path before
we would reach our destination, our con
clusion. Finale would, however, come af
ter we have answered or known the
following:
(1) Has Article 21 any positive content
or is it merely negative in its reach?
(2)
Has a person residing in India a right
to die?.
(3) Why is a law enacted? What objects)
it socks to achieve?
.
(4) Why is a particular act treated as
crime? What acts arc so treated?
(5)
How can crime be prevented?
(6)
Why is suicide committed?
(7)
Who commits suicide? Secularistion
of suicide.
(8) How suicide-prone persons should be
dealt with?
(9)
Is suicide a non-religious act?
(10)
Is suicide Immoral?
(11)
Docs suicide produce adverse socio
logical effects?
P.Rathinani/Nagbhusan Patnaik v. Union of India & Anr. [HZ. Hansaria, J.]
(12)
Is suicide against public policy?
(13)
Docs commission of suicide damage
the monopolistic power of the State to
take life?
SC 403
(2) The right to privacy. Govind v. Stale
of MP. In this case reliance was placed
on the American decision in Griswold v.
Connecticut.
(14)
Is apprehension of ‘constitutional
cannibalism’ justified?
(3)
The right against solitary confine
ment. Sunil Batra v. Delhi Administra
tion.
(15)
Recommendation of the Law Com
mission of India and follow up steps taken,
if any.
(4)
The right against the fetters. Charles
Shobraj v. Supdt. Central Jail.
(5)
(16)
Global view: What is the legal posi
tion in other leading countries of worldregarding the matter at hand?
26.
The aforesaid questions, which
have been framed keeping in mind the in
formation we thought necessary to enable
us to decide the important matter at hand to
our satisfaction, have been listed as above
keeping in view their comparative importance
for our purpose - the most important being
the first and so on; and we propose to answer
them in the same sequence.
(1)
Has Article 21 any positive con
tent or is it merely negative in its reach?
21.
This question is no longer res
integra inasmuch as a Constitution Bench
of this Court in Unnikrishnan v. State of
Andhra Pradesh, 1993 (1) SCC 645 (in
which right to receive education upto the
primary stage has been held to be a call of
Article 21).has virtually answered this
question. This would be apparent from what
was stated.by Mohan, J. in paragraph 19
and by Jeevan Reddy, J. in paragraph 170.
In paragraph 30, Mohan, J. has mentioned
about the rights which have been held to
be covered under Article 21. These being:(1) The right to go abroad. Satwant
Singh Sawhney v. D.Rdniarathnani APO,
New Delhi.
The right to legal aid. M.H. Hoaskot
v. State ofMaharashtra.
(6) The right to speedy trial. Hussainara
Khatoon v. Home Secretary, State of
Bihar.
(7) Tnc right against handcuffing. Prem
Shankar Shukla v. Delhi Administration.
(8)
The nght against delayed execution.
T. V. Vatheeswaran v. State ofT.N.
(9)
The right against custc
Sheela Barse v. State ofM
(10)
The right against pubh
A.G. ofIndia v. Lachma Devi
nolencc.
ihtra.
Hanging.
(11)
Doctor’s assistance. Paramanand
Katra v. Union ofIndia.
(12) Shelter. Shantistar Builders v.
N.K. Totame.
28.
The aforesaid is enough to state that
Article 21 has enough of positive content
in it. As to why the rights mentioned above
have been held covered by Article 21 need
not be gone into, except stating that the
originating idea in this regard is the view
expressed by Field J. in Munn v. Illinois,
(1876) 94 US 113, in which it was held
that the term *lifc’( as appearing in the 5th
and 14th amendments to the United States
Constitution) means something more than
‘mere animal existence’. This view was
SC401
judgements today
accepted by a Constitution Bench of this
Court in Kharak Singh v. State of U.P.
AIR 1978 SC 1675 (paragraphs 56 and
26), to which further leaves were added in
Board of Trustees Bon ofBombay v,. Dilip
Kumar MR 1983 SC 109 (paragraph 13);
Rikram Dev Singh v. State of Bihar, AIR
1988 SC 1782 (paragraph 5); and Ram
Saran v. Union of India, AIR 1989 SC
549 (paragraph 13). In these decisions it
was held that the word ‘life’ in Article 21
means right to live with human dignity and
the same does not merely connote contin
ued drudgery. It takes within its fold “some
f of the finer graces of human civilization,
which makes life worth living”, and that
} the Expanded concept of life would mean
| the “tradition, culture and heritage” of the
concerned person.
1994 (3)
about life in their articlc:“Life is not mere living but living in
health. Health is not the absence of ill
ness but a glowing vitality - the feeling of
wholeness with a capacity for continuous
intellectual and spiritual growth. Physi
cal, social, spiritual and psychological well
being are intrinsically inter woven into
the febric of life. According to Indian Phi
losophy that which is bom must die. Death
is the only certain thing in life.”
31.
May it be said that CESC Ltd. v.
Subhas Chandra, 1992 - 1 SCC 441, it
has been opined by Ramaswamy, J. (who
is, of course, a minority Judge) that physi
cal and mental health have to be treated as
integral part of right to life, because with
out good health the civil and political
rights assured by our Constitution cannot
29.
It would be relevant to note the de be enjoyed.
cision in State of Himachal Pradesh v.
Umed Ram, MR 1986 SC 847. It was ob (2)
Has a person residing in India nght
served uE’fc in paragraph 11 that the right to die?
to life embraces not only physical exist
ence but the quality of life as understood 32.
If a person has a ight to live, ques
in its richness and fullness by the ambit of tion is whether he has right not to live.
the Constitution; and for residents of hilly The Bombay High Court stated in para
areas access to road was held to be access graph 10 of its judgment that as all the
to life itself, and so necessity of road com fundamental rights are to be read together,
munication in a reasonable condition was as held in R.C. Cooper v. Union of India,
held to be a part of constitutional impera AIR 1970 SC 1318, what is true of one
tives, because of which the direction given fundamental right is also true of another
by the Himachal Pradesh High Court to fundamental right. It was then stated that
build road in the hilly areas to enable its it is not, and cannot be, seriously disputed
residents to earn livelihood was upheld. that fundamental rights have their positive
What can be more positive and kicking?
as well as negative aspect. For example,
freedom of speech and expression includes
30.
We may also refer to the article of freedom not to speak. Similarly, the free
Dr. M. Indira and Dr. Alka Dhal under the dom of association and movement includes
caption : Meaning of life, suffering and freedom not to join any association or
death” as read in the International Con move anywhere. So too, freedom of busi
ference on Health Policy, Ethics and Hu ness includes freedom not to do business.
man Values held at New Delhi in 1986. It was therefore, stated that logically it must
This is what the learned authors stated follow that the right to live will include
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr. [B.L. Hansaria. J.]
right not to live, i.e., right to die or to
terminate one’s life.
S.C4Q5
Tallis v. Bombay Municipal Corporation
AIR 1986 SC 180 that a fundamental right
cannot be waived. A perusal of that judg
33.
Two of the abovenamed critics of ment, however, shows that it dealt more
the Bombay judgment have stated that the with the question of estoppel by conduct
aforesaid analogy is “misplaced” , which about which it can be said that the same is
could have arisen on account of superfi a facet of waiver. In the present cases, we
cial comparison between the freedoms, ig arc, however, not on the question of es
noring the inherent difference between one toppel but of not taking advantage of the
fundamental right and the other. It has been right conferred by Article 21.
argued that the negative aspect of the right
to live would mean the end or extinction 36.
Keeping in view all the above, we
of the positive aspect, and so, it is not the state that right to live of which Article 21
suspension as such of the right as is in the speaks of can be said to bring in its trail
case of 'silence’ or ’non-association’ and the right not to live a forced life.
'no movement’. It has also been stated that
the right to life stands on different footing 37.
In this context, reference may be
from other rights as all other rights are made to what Alan A Stone, while serving
as Professor of Law and Psychiatry, in
derivable from the right to live.
Harvard University stated in his 1987
34.
The aforesaid criticism is only par “Jonas Robitschcr Memorial Lecture in
tially-correct inasmuch as though the nega Law and Psychiatry, under the caption:
tive aspect may not be inferable on the “The Right to Die”: New Problems for
analogy of the rights conferred by differ Law and Medicine and Psychic1-. . (This
ent clauses of Article 19, one may refuse lecture has been printed at pages 627 to
to live, if his living be not according to the 643 of Emory Law Journal, Voh'me 37,
person concerned worthliving or if the rich 1988). One of the basic theories of the
ness and fullness of life were not to de lecture of Professor Stone was that right
mand living further. One may rightly think to die inevitably leads to the right to com
that having achieved all worldly pleasure mit suicide.
or happiness, he has something to achieve
Why is a law enacted? What object
beyond this life. This desire for commun (3)
ion with God may very rightly lead even a (s) it seeks to serve?
very healthy mind to think that he would
Section 309 being a part of our en
forego his right to live and would rather 38.
choose not to live. In any case, a person acted law, let it be known as to why a law
cannot be forced to enjoy right to life to is framed or is required to be framed. To
put it differently, what objects are sought
his detriment, disadvantage or disliking.
to be achieved by framing laws. For our
35.
From what has been stated above, purpose it would be enough if what has
it may not be understood that according to been stated by Shri M.Ruthnaswamy in
us the right encompassed or conferred by Chapter 5 and 6 of his book “Legislation:
Article 21 can be waived. Need for this Principles and Practice” (First Edn., 1974)
observation has been felt because it has (The Chapter headings being 'Principles
been held by a Constitution Bench in Olga of Legislation in History’ and 'Contempo-
S.C4O5
JUDGEMENTS TOD/'
1994(3)
rary Principles of Legislation’), is noted
The learned author has within a short com
pass brought home ' .. different principles
which had held sway in different pans of
philosophy of life, even the physical sur
roundings of the people, including the cli
mate. The journey is then to Germany,
where Leibnitz (1646-1717), a philosopher,
the world at different points of time.
mathematician and adviser of kings and
Ruthnaswamy starts in Chapter 5 by say
ing that it is from the time of the Renais
sance and the Reformation when men, as
a result of these great revolutionary' move
ments broke away from rule of Custom
and Tradition, that legislation began its ca
reer as an instrument of social and politi
cal, and even religious, change. The read
ers are then informed as to what Richard
Hooker (1554 -1600) thought on the ques
tion of law which, according to him, has
to be influenced by experience and sup
ported by reason.
princes in Germany and Europe, took the
view that greatness of law is proved by
the fact that great rulers were also great
lawgivers. Names of Augustus, Constantine
and Justinian are mentioned in this regard.
The German philosopher further said that
the law must serve morality, because what
is against morals is bad law.
41.
Readers then find themselves in
Italy and they are acquainted with Beccaria
(1739-1794), who through his pamphlet
under the title ‘Delict and Crimes’ pub
lished in 1766 ‘brought a revolution in the
39.
The next important thinker of En theory and practice of punishment, be
gland after Hooker was the famous Francis cause, according to him, punishment of
Bacon (1561-1626). In his ‘Essays’ (the crime must be used only for the defence
most popular of his works) we find his of the State and the people and not for
views on legislators and legislation. Ba retribution and revenge which principles
con stood out for progress and utility and were holding the field then
was of the view that it was not good to try
As per sequence of time, the next
experiments in legislation. As against Ba 42.
con there was Sir Edward Coke, who was writer to be mentioned is Edmund Burke
defender of the rights of the Parliament. (1727-1797), who was a parliamentarian,
Mention is then made about John Locke statesmen and political thinker. According
(1632-1704) according to whom the laws to him the main essential of good laws
made must respect the right to liberty and and legislation is that the same should be
property; and laws must be made for the fit and equitable, so that the legislature
has a right to demand obedience. He would
good of the people.
say there are two fundamental principles
40.
Ruthnaswamy then takes the reader of legislation: equity and utility.
to France and mentions about Montesquieu
Blackstone is a name which is im
(1689-1755) who in his famous “Spirit of 43.
Laws” published in 1748, which has been mortal in the world of legal jurisprudence.
regarded as a great classic of political and It is his “Commentaries on the Laws of
legal literature, rendered immemorial ser England” (1765) which has made him so.
vice to legislation and legislatures. In this He emphasised on the inviolability of com
monumental work, he insists that laws and mon law freedom of persons and property.
legislation should be in conformity with After Blackstone, came Bentham (1748the spirit of the people, if its traditions, its 1832) and the Utilitarians.
P.Ka~.
Sngbhusan Patnaik v. Union of India & Anr. \B.L Hansaria, J.j
44.
Ruthnaswamy has also acquainted
the readers about the views of Plato,
Aristotle, Cicero and Thomas Aquinas: so
also what Voltaire (1694-1778) had to say.
We do not propose to burden this judg
ment about their view, but what was said
by Macauley (1800-1859) has to be noted,
because it is he who had drafted our Penal
Code. Macauley believed in the efficacy
of law in improving people and their
character. He wrote: “When a good
system of law and police is established,
when justice is administered cheaply
and firmly, when idle technicalities and
unreasonable rules of evidence no longer
obstruct the search for truth, a great
change of the better may be expected
which shall produce a great effect on the
national character”.
45.
In Chapter 6 of the book,
Runthaswamy has stated that after the prin
ciples of Benthamism and Utilitarianism,
Reason, Utility and Individual Liberty had
exhausted themselves, humanitarianism oc
cupied the field and it is this principle
which has seen the enactments of statutes
i'kc Workmen’s Compensation Act, Fac
tories Act and various other statutes deal
ing with public health, sanitation and so
weaker section.
46.
We do not propose to dive further
and would close this discussion by refer
ring to what was stated by lhering (18181892) in his “Geist Des Romisches
Rechts” (The Spirit of Roman Law), which
has been accepted as a legal classic. Ac
cording to lhering, law is a means to an
end. He laid down the following general
principles of legislation:
1.
Laws should be known to be obeyed.
2.
Laws should answer expectations.
3.
SC.-SO7
Laws should be consistent with one
another.
4. Laws should serve the principle of
Utility.
5.
Laws should be methodical.
6.
Laws must be certain to be obeyed,
must not become a dead letter.
7.
Laws are necessary to ward off the
danger of the operations of egoism or self
interest, the ordinary motives of human
action.
8. Law and legislation must aim at
justice which is that which suits all.
9. Laws are inter-connected “laws like
human beings lean on one another’ ’.
47.
That humanitarianism is the throb
bing principle of legislation presently has
also been highlighted by Kartar Singh
Mann in his article “Working of Legisla
tures in the matter of Legislation” appear
ing at pages 491 to 495 of the Journal of
Parliamentary Information, Volume 33,
1987. What has been stated by Mann at
page 493 is relevant for purpose - the same
being
“In the historical perspective, one can eas
ily appreciate the complexities and intri
cacies of legislation which the present leg
islatures are to face. Besides the ordinary
laws which safeguard the rights and lib
erties of the individual, there are certain
fundamental laws which ordinary legisla
tion may not change. In countries like
France, Germany and India which are hav
ing lheir written Constitutions their fun
damental laws are embodied there itself.
The fundamental principles on which the
political life of the people is based are
individuality, equality and justice. After
securing the life and liberty of ihc State
&C.4C8
JUDGEMENTS TODAY
and of die individual, laws and legisla
tions take on the task of serving and pro
moting the good life of the State and the
people. For good life, morality is neces
sary and to maintain morality legislation
is a must. Legislation is the framework
which is required to be made for
good life.”
1994(3)
(4)
Why is a particular act treated as •
crime? What acts are so treated?
Earliest reference to the word
I
“crime” dates back to 14th century when
it conveyed to the mind something reprehensiblc wicked or base. Any conduct
which a sufficiently powerful section of
48.
What was opined by Ian Tcmy Q.C. any given community feels to be destrucDirector of Public Prosecution in his ar tive of its own interest, as endangering its
ticle on “Euthanasia - Is It Murder?” as safety, stability or comfort is usually reprinted at pages 2 to 7 of Australian Jour garded as heinous and it is sought to be
nal of Forensic Sciences, Volume 21 (1) repressed with severity and the sovereign
September 1988 is also relevant for our power is utilised to prevent the mischief
purpose. That article was concluded at page or to punish anyone who is guilty of it.
Very often crimes are creations of Gov
7 in these words:ernment policies and the Government in
power forbids a man to bring about results
“..... 1 have necessarily spoken about the
which are against its policies.
law as it is. There is nothing immutable
i
'
.
i
!
I
I
1
i
'
,
about it. To the extent it does not meet
social needs, and a strong consensus
emerges to that effect, the law can and
should be changed......... ”.
50.
51.
In a way there is no distinction be
tween crime and tort, inasmuch as a ton
harms an individual whereas a crime is
supposed to harm asociety. But then, a so
49.
The aforesaid show that law has ciety is made of individuals, harm to an
many promises to keep including granting individual is ultimately harm to society.
of so much of liberty as would not
jeopardise the interest of another or would 52.
A crime presents these characteris
affect him adversely, i.e., allowing of tics: (1) it is a harm, brought about by
stretching of arm upto that point where human conduct which the sovereign power
the other fellows’ nose does not begin. in the State desires to prevent; (2) among
For this purpose, law may have “miles to the measures of prevention selected is the
go” . Then, law' cannot be cruel, which it threat of punishment; and (3) legal pro
would be because of what is being stated ceedings of a special kind are employed to
later, if persons attempting suicide are" decide whether the person accused did in
treated as criminals and arc prosecuted to fact cause the harm, and is, according to
get them punished, whereas what they need law, to be held legally punishable for do
is psychiatric treatment, because suicide ing so. (See pages 1 to 5 of Kenny’s Out
basically is a “call for help”, as stated by lines of Criminal Law’ (19th Edn. for the
Dr. (Mrs.) Dastoor, a Bombay Psychiatrist, above propositions).
who head an organisation called, 'Suicide
Prevent’. May it be reminded that a law 53.
Protection of society is the basic
which is cruel violates Article 21 of the reason of treating some acts as crime. In
Constitution, a la, ~Deena v. Union of deed it is one of the aims of punishment.
India, AIR 1983 SC 1155.
Where there is no feeling of security', there
P.Rathinam/Nngbhusan Patnaik v. Union of India & Anr [B.Z.. Ifansaria, J.}
is no true freedom. What is the effect of
the same cannot be described better than
what was stated by Hobbes in “Levia
than”, which is:
“There is no place for industry, because
the fruit thereof is uncertain, and conse
quently no culture of the earth; no navi
gation nor use of the commodities that
way be imported by sea; no commodious
building; no instrument of moving and re
moving such things as require much
forces; no knowledge of the face of the
earth; no account of time; no arts, no let' tors, no society; and which is worst of all
continual fear and danger of violent death;
and the life of a solitary, poor,
nasty,brutish and short.”
SC409
for him to do so, because it will make
him happier, because, in the opinions of
others to do so would be wise, or even
right These arc good reasons for remon
strating with him or reasoning with him,
or persuading him, or entreating him, but
not for a compelling him, or visiting him
with any evil in case he do otherwise. To
justify that, the conduct from which it is
desired to deter him must be calculated to
produce evil to someone else. The onlypan of the conduct of any one, for which
he is amenable to society is that which
concerns others. In the part which merely
concerns himself.his independence is,
of right, absolute. Over himself, over
his own body and mind, the individual
is sovereign.”
(Emphasis supplied)
54.
As constitutionality of Section 309
has been assailed as being violative of Ar
ticle 21 which protects life and personal
liberty, it would be in fitness of things to
note what JS Mill had to say about mak
ing an act relatable to personal liberty pun
ishable. This is what Mill had said in
this connection in his famous tract “On
liberty”:
“The object of this Essay is to assert one
very simple principle, as entitled to gov
ern absolutely the dealings of society with
the individual in the way of compulsion
and control, whether the means used the
physical force in the form of legal penal
ties or the moral coercion of public opin
ion. That principle is, that the sole end
for which mankind are warranted indi
vidually or collectively, in interfering with
the liberty ofaction ofany of their mem
ber, is self-protection. That the only pur
pose for which power can be rightfully
exercised over any member ofa civilised
community, against his will, is to pre
vent harm to others. His own good, ci
ther physical or moral, is not a sufficient
warrant. He cannot rightfully be compelled
to do or forbear because it will be better
55.
The very definition of ‘crime’ de
pends on the values of a given society. To
establish this what has been stated by Jus
tice Krishna Iyer in his book on “Perspec
tives in Criminology, Law and Social
Change” (1980) at pages 7 and 8 may be
noted:“What is a sex crime in India may be
sweet-heart vinue in Scandinavia. What
is an offence against property in a capi
talist society may be a lawful way of life
in a socialist society. What is permissible
in an affluent economy may be a perni
cious vice in an indigent community. Thus,
criminologists must have their feet all the
time on terra firma”.
56.
Not only this, crimes can also be
created or abolished with the passage of
time, as stated at page 7 of R..S. Cavan’s
“Criminology” (2nd Edn.). This has been
elucidated by the author by stating that in
democracy where individual opinion can
express itself freely through speaking, writ
ing and elections, public opinion becomes
the final arbiter in placing the opprobrium
SC410
judgements today
1994 (3)
of crime upon a specific type of behaviour crime is generated not as a result of one
and when a law is not accepted the police solitary factor but as a consequence of a
may attempt to enforce it against public combination of such factors.
opinion, but gradually the police yield to
the pressure of public opinion, which they 59.
Justice Krishna Iyer also in his
perhaps share. The law may remain on the aforesaid book has dealt with this aspect
statute books but be ignored by all. in Chapter 2 captioned “The Pathology of
Whereas when the public opinion supports Indian Criminology”. In his usual inimi
the law, many pressures of an informal table style,''he has painted the crime sce
nature are brought against the violators to nario on a broad canvass and has men
aid and lessen the police action.
tioned about various factors which lead to
commission of crimes.
(5)
How can crimes be prevented?
60.
Reference may also be made to the
57.
The aforesaid subject is too wide White Paper presented to the Parliament
and cannot be discussed meaningfully by Her Majesty’s Government in 1990 on
within the parameters available to us in the subject of “Crime, Justice and Pro
this judgment. The treaties on “Crime arid tecting the Public”, published as Cm No.
its Prevention” edited by Stephen Lewin, 965. The White Paper has summarised
Editor, World Week Magazine, would main proposals as below:show how complicated the subject is. At
“a coherent legislative framework for
page 217 of the 3rd printing (1973) men
sentencing with the severity of the pun
tion has been made about seven steps for
ishment matching the seriousness of the
combating a crime. We may not go into
crime and a sharper distinction in the way
the details. Sufficient to say that the steps
the courts deal with violent and non
relate to diffi ent disciplines.
violent crimes;
58.
Professor Dr. N.V. Paranjape, Pro
fessor and Head of the Department of Post
Graduate and Research in Law and Dean
Faculty of Law, Jabalpur University, in his
book “Criminology and Penology” has
something to say in Chapter VI about
causes of crime, knowledge of which is
necessary to combat and prevent the same.
Dr. Paranjape states that in the absence of
a single theory of crime causation, crimi
nologists have offered different explana
tions to justify their own theory as an ex
planation of delinquent behaviour. There
arc, however, some writers who seem to
be convinced that no single theory of crime
can fully explain the causes of crime. They
therefore prefer a multiple approach to
criminal behaviour which suggests that
“new powers for the Crown Court
to impose longer sentences for violent and
sexual offences, if this is necessary to pro
tect the public from serious harm;
“new powers for all courts to com
bine community service and probation and
to impose curfews on offenders so
that more offenders convicted of
property crimes can be punished in the
community;
‘ ‘reducing the maximum penalties for
theft and burglary, except burglaries of
people’s homes, which can be a very seri
ous matter;
“requiring the courts to consider a
report by the probation service before
giving a custodial sentence arid to give
P.Rathinnni/Nagbhusan Patnaik v. Union of India & Anr \B.L. Hansaria. J. J
reasons for imposing a custodial sentence,
except for the most serious offences;
“encouraging more use of financial
penalties, especially compensation to vic
tims and fines which take account of of
fenders’ means;
“making the time actually served in
prison closer to the sentence ordered by
the court, replacing the present system of
remission and parole by new arrangements
which ensure that all prisoners serve at
least half their sentences in custody; pris
oners serving sentences of 4 years or more
would not get parole if this would put the
public at risk;
“new powers for the courts to re
turn released prisoners to custody
upto the end of their sentence, if they
are convicted of a further imprisonable
offence;
“all prisoners serving sentences of a
year or more to be supervised by the pro
bation service on release, with new na
tional standards for supervision;
“wider powers for the courts to make
parents take more responsibility for crimes
committed by their children;
“more flexible powers for the
courts to deal with 16 and 17 year old
offenders;
“changing the juvenile courts to
youth courts, to deal with defendants un
der the age of 18.”
61.
It would be some interest in this
connection to point out that as late as 1991
a need was felt by the British Government
to issue a Royal Warrant for issuing a
Commission to examine the effectiveness
of the criminal justice in England and
Wales in securing the conviction of those
S.C.4U
guilty of criminal offences and the acquit
tal of those who were innocent. For this
purpose, the Royal Warrant wanted the
Commission to make its recommendation
on various aspects of the criminal justice.
The commission submitted its report in
July, 1993 and it contains recommenda
tions which number 352 and have been
mentioned at pages 188 and 219 of the
Report issued by Her Majesty’s Stationery
Office.
62.
The difficult task of crime preven
tion would not therefore permit the solu
tion to be put into a straight jacket; it has
to be modulated and moulded as per time
and clime.
Effect ofPunishment
63.
The aforesaid is not enough for our
purpose. We have also to know as to
whether infliction of punishment can be
said to have a direct relation with the re
duction of criminal propensity. It would
be enough in this context to state that it
has been seriously doubted whether impo
sition of even death sentence has been able
to reduce the number of murders.
Bhagwati, J. as he then was, in his dis
senting judgment in the case of Bachan
Singh v. State of Punjab, AIR 1982 SC
1325 has brought home well this aspect of
the matter.
64.
While on the question of sentenc
ing it would be rewarding to note that sen
tencing has been regarded as a subtle art
of healing, and the legal and political
people uninstructed in the humanist strat
egy of reformation, fail even on first prin
ciples. Justice Iyer in his aforesaid book
has further stated at page 47 that it puzzles
a judge or a Home Secretary to be told in
S.C412
JUDGEMENTS TODAY
Shavian Paradox:
“If you are to punish a man rctributivcly,
you must injure him. If you arc to re
form him, you must improve him. And
men are not improved by injuries.”
65.
What was said by Victor Hugo in
his ‘Les Miserables’ is instinctive:
1994 (3)
tion that led eighteenth century Europeans
to drive stakes through the hearts of those
who had committed suicide.”
(Encyclopaedia of Crime and Justice
(1983), Vol. 4. p.520).
68.
The change in social thinking in
this regard can be best illustrated by the
view taken in the conservative English so
“We shall look upon crime as a disease.
ciety where to start with suicide itself was
Evil will be treated in charity instead of
regarded as a felony requiring burial in a
anger. The change will be simple and
public highway, followed by forfeiture of
sublime. The cross shall replace the scaf
all the properties of the deceased to the
fold reason is on our side, feeling is on
Crown. Presently, the Suicide Act, 1961
our side and experiment is on our side.”
does not even regard attempt to suicide as
66.
This is not all. It would be wrong an offence.
to think that a person attempting to com
Various social forces like the
mit suicide docs not get punished. He 69.
does. The agony undergone by him and economy, religion and socio-economic sta
the ignominy to be undergone is definitely tus are responsible for suicides. There arc
a punishment, though not a corporal pun various theories of suicide, to wit, socio
ishment; but then, section 309 has pro logical, psychological, bio-chemical, and
vided for a sentence of fine also. Agony environmental (Ibid, pages 1523-24).
and ignominy undergone would be far
The causes of suicides are many
more painful and deterrent than a fine 70.
which too may not come to be realised if and varying inasmuch as some owe their
the person concerned were to be released origin to sentiments of exasperation, fury,
frustration and revolution; some are the
on probation.
result of feeling of burden, torture, and
sadness. Some are caused by loss of em
(6)
Why is suicide committed?
ployment, reverse of fortune, misery due
67.
“Suicide the intentional taking of to illness, family trouble and thwarted love.
one’s life, has probably been a part of hu Sometimes killing is in opposition to soci
man behaviour since pre-history. Many ety and sometimes in opposition to par
ancient texts including the Bible, the Ko ticular persons. This happens when the
ran and the Rig Veda, mention suicide. person committing suicide nurses a feel
Because the act of self-destruction repre ing of unjust treatment, mal-treatment and
sents an attack on some of our presump cruelty. (See The ‘Causes of Suicide’ by
tions- that life is to be lived and death Maurice Halbwacks (Translated by Harold
feared-responses to suicide have involved Goldblatt). The Bombay judgment has
a variety of emotionally charged attitudes. mentioned many causes in paragraph 12
These have ranged from approbation ac of its judgment which have been noted in
corded to it by the ancient Greek Stoics paragraph 15 above. The same may not
to, more typically, the fear and supersti be repeated.
P.Rathinam/Nagbhusan Patruiik v. Union of India & Anr. [B.L. Ilansaria. J.)
(7)
Who commits suicide?
sation ofsuicide.
S.C.413
Seculari earned the title of “Boom City” nearly a
year ago, could more appropriately be de
scribed as “Doom City” by last month.
11Suicide knows no barrier of race, The figures collected for the first half of
religion, caste, age or sex. In a study un the year shocked the members of the State
dertaken in United States, to which refer Legislature because of incredible 664 sui
ence has been made at page 14 of cidal deaths over a six-month period,
“Suicidology: Contemporary Develop which was higher than the total combined
ments” by E.S. Shnaidaman, (1976), it was figures for Calcutta and Hyderabad in the
found that both Roman Catholics and Prot last three yeajs.
estants were equally susceptible to com
How suicide-prone persons should
mission of suicide. It is because of this (8)
that it has been felt in the United States be dealt with?
that there is “secularisation of suicide”.
We now come to the question re
In our country also Hindus, Muslims, 74.
Sikhs, Christians, Budhas, Jains and Parsis lating to the treatment to be given to the
are known to have been committing or at persons who attempt to commit suicide.
tempting suicides. Though there has been Do they deserve prosecution because they
no particular study as to the religious faith had failed? is the all important question.
of the persons committing suicide or at The answer has to be a bold No. The
tempting to commit suicide, it can safely reasons arc not for to seek. Let us illus
be stated that there is “secularisation of trate this first by referring to the case of
those 20 persons who committed suicide
suicide” in our country also.
in Tamil Nadu distressed as they felt be
72.
While on the question “Who com cause of prolonged illness of Chief Minis
mits suicide?”, it would be relevant to state ter, MG Ramachandran. That this had hap
that there has been great increase in the pened was published in the Indian Express
number of commission of suicides. In his of 28.10.84. Question is whether these
aforementioned article, S. Faizan Mustafa persons would have deserved prosecution
pointed out that tile number of suicide by had they failed in their attempt? The an
the youths below 18 in 1986 was 7545. swer has to be that there can be no justifi
But out of about 60,000 persons who com cation to prosecute such sacrificers of their
mitted suicide in 1990 nearly half of them lives. Similar approach has to be adopted
were aged between 18 to 25, which is gen towards students who jump into wells af
erally considered to be the best of a ter having failed in examinations, but
person’s life.
survive. The approach cannot be different
qua those girls/boys who resent arranged
73.
As per the report published in In marriages and prefer to die, but ultimately
dian Express of 31,10.84, in Ahmcdabad fail.
city 5 suicide cases had occurred during
24 hours immediately preceding 30th Oc 75.
Let us come to the case of a woman
tober. In a write-up as published in India who commit suicide because she had been
Today of October 15, 1984 under the cap raped. Would it not be adding insult to
tion “Bangalore: The Suicide City”, it injury, and insult manifold, to require such
has been stated that Bangalore which had a woman in case of her survival, to face
SC414
JUDGEMENTS TODAY
the ignominy of undergoing an open trial
during the course of which the sexual vio
lence committed on her which earlier
might have been known only to a few,
would become widely known, making the
life of the victim still more intolerable. Is
it not cruel to prosecute such a person?
76.
We would go further and state that
attempt to commit suicide by such a
woman is not, cannot be, a crime. What is
crime in such a case is to prosecute her
with a view to get her punished. It is en
tirely a different matter that at the end of
the trial, the court may impose a token
fine or even release the convict on proba
tion. That would not take care of the men
tal torture and torment which the woman
would have undergone during the course
of the trial. Such a prosecution is there
fore, par excellence persecution. And why
persecute the already tormented woman?
Have we become soulless? We think not.
What is required is to reach the soul to stir it
to make it cease to be cruc. Let us humanise
our laws. It is never late to do so.
77.
Suicide, as has already been noted,
is a psychiatric problem and not a mani
festation of criminal instinct. We are in
agreement with Dr. (Mrs.) Dastoor that sui
cide is really a “Call for help”, to which
we shall add that there is no “call for pun
ishment” in it. Mention may also be made
about what was observed in “The Atti
tudes ofSociety towards Suicide”, a xerox
copy of which is a part of written submis
sions filed on behalf of respondent No. 2
(State of Orissa) in WP No. (Crl.) 419/87.
It has been stated in this article at page 9
that shortly after passing of the Suicide
Act, 1961 (in England), the Ministry of
Health issued recommendation advising all
doctors and authorities that attempted sui
cide was to be regarded as a “medical
1994 (3)
and social problem”, as to which it was
stated that the same was “more in keep
ing with present day knowledge and senti
ment than the purely moralistic and puni
tive reaction expressed in the old law.”
78.
So, what is needed to take care of
.suicide-prone persons are soft words and
wise counselling (of a psychiatrist), and
not ■stony dealing by a jailor following
harsh treatment meted out by a heartless
prosecutor.
(9)
Js suicide a non-religious act?
79.
Every individual enjoys freedom of
religion under our Constitution, vide Ar
ticle 25. In a paper which Sh. G.P. Tripathi
had presented at the World Congress on
Law and Medicine held at New Delhi un
der the caption “Right to die”, he stated
that every man lives to accomplish four
objectives of life: (1) Dharma (religion and
moral virtues); (2) Artha (wealth); (3)
Kama (love or desire); and (4) Moksha
(spiritual enjoyment). All these objectives
were said to be earthly, whereas others are
to be accomplished beyond life. When
the earthly objectives are complete, reli
gion would require a person not to clinch
to the body. Shri Tripathi stated that a
man has moral right to terminate his life,
because death is simply changing the old
body into a new one by the process known
as Kayakalp, a therapy for rejuvenation.
80.
Insofar as Christians are concerned,
reference may be made of what Pope John
Paul U stated when he gave his approval
to the document issued by the sacred con
gregation stating:
“when inevitably death is imminent in
spiic of the means used, it is permined in
conscience to take decision to refuse fonns
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr [fl.Z.. flansana. J.)
various fasts unto death undertaken by no
less a person than Father of the Nation,
whose spiritual disciple Vinoba Bhavc met
his end only recently by going on fast, from
which act (of suicide) even as strong as
Prime Minister as Indira Gandhi could not
81.
In the Encyclopaedia of Religion,
dissuade the Acharya.
Volume 8 (1987), mention has been made
at pages 541 to 547 as to how “Life” has 83.
The aforesaid persons were our re
been understood by different religions. Af ligious and spiritual leaders; they are
ter discussing the subject as understood eulogised and worshipped. Even the alle
by the primitive societies, Judaism, Chris gation against them that they indulged in a
tianity, Hinduism and Budhism, the dis non-rcligious act, would be taken as an (
cussion has been included by stating that act sacrilege. So, where is non-rcligionsity
the very act of posing the question “What in the act of suicide so far as our social .
is life”? produces an initial sense of ethos is concerned? And it is this ethos,
bafflement and perplexity. It has been this social mores, which our law has to
stated thereafter that a precise, distinct and reflect and respect.
universally acceptable concept does not ac
company the use of the word “life”; and 10.
Is suicide immoral ?
that prosing of the above query brings in
its wake a sense that life is an “inexhaust 84.
Law and morals often intersect and
ible storehouse of mysteries, a realm of there can be no doubt that historically at
endlessly self-perpetuating novelties, in least law and morals were closely related
which the solution fo any given problem and that in many areas the law continues
gives rise to a plethora of other questions to look upon its function as the enforce
that beckon the always restless, never con ment of morals, the reinforcement of moral
tended mind of Homo Sapiens to seek fur standards in society, and the punishment
ther for additional answers or, at least, to of moral depravity, as noted as page 19 of
search out more intellectually refined, mor Burton M. Leisers’ “Liberty, Justice and
ally elevating, and spiritually salutary ways Morals” (1973). The Constitution of
of pursuing the quest.” So, life does not United States contain a number of provi
end in this world and the quest continues, sions embodying moral judgments, one of
may be after the end of this life. There which is prohibition against “cruel and
fore, one who takes life may not really be unusual punishment”. As to due process
taken to have put an end to his whole life. clause, it was stated by Justice Frankfurter
There is thus nothing against religion in in Solesbee v. Balkcom, (1949) 339 US 9
that it “embodies a system of rights based
what he does.
on moral principles......... which comports
82.
Insofar as our country is concerned, with the deepest notions of what is fair
mythology says Lord Rama and his broth and right and just”.
ers took Jalasamadhi in river Saryu near
If, however, the law be unjust
Ayodhya; ancient history says Budha and 85.
Mahavir achieved death by seeking it; would a person not be entitled to disobey
modem history of Independence says about it? The civil disobedience movement
of treatment that would only secure pre
carious and burdensome prolongation of
life, so long as the normal care due to
sick person tn similar cases is not inter
rupted.......... ”
SC416
JUDGEMENTS TODAY
organised by leaders like Gandhiji shows
that there can be clash of law and moral
ity, which can be on the battlefield of man’s
conscience. It is this which agitated the
mind of Socrates when he was in jail. I 1c
was advised to escape and was assured
that it would be safe escape He refused
saying that having devoted his life to teach
the importance of doing justice and re
specting the laws, it would be rank hypoc
risy for him to violate his principles when
the laws had been turned against him. Be
ing of this view, instead of breaking law,
he took poison. But then, at times an in
dividual, would be between two horns of
dilemma when confronted with the ques
tion of obeying an unjust and pernicious
law. The theories of Divine Law and Natu
ral Law were evolved to take care of this
dilemma' and French Declaration of Rights
of Men and American Declaration of In
dependence are based on these laws.
1994 (3)
87.
Though the question of morality
normally arises with laws relating to sex
and acts evincing moral depravity like
cheating, but as the question of birth and
death has also moral significance, as
opined by Mary Warnock, whose views in
this regard has been noted at page 86 of
Simon Lee’s “Laws and Morals” (1986),
we may briefly advert to the moral aspect
as well relating to suicide. It is the sanc
tity of human life which is said to be de
faced when one commits suicide and the
question of morality, therefore, arises We
would have occasion later to refer to the
enactment of Suicide Act, 19£>1 by the Brit
ish Parliament, when the related Bill was
taken up for consideration in the House
of Lords, the Lord Bishop of Carlisle had
raised objection on the ground of morality
by saying that sanctity of human life was
being destroyed. But the Bill was passed,
nonetheless.
86. . In the aforesaid work of Burton, 88.
A reference to Simon Lee’s above
this aspect of the matter has been con work shows there is no unanimity regard
ing the moral objcc. which law should try
cluded at page 353 by stating as below:
to achieve. Simon Lee has mentioned at
“It is right to be law abiding. But there
page 90 about three theories prevalent in
may be times when it is not wrong to
England in this regard, one of whose pro
break the law. There are no easy rules or
pounder was Mill, according to whom,
recipes to guide us in making our choices.
‘harm-to-others’ is what ought to be pre
Some people, who allow themselves to be
vented by law. Dcvelin would have' liked
governed by expediency and narrow selfthat law should aim to establish minimum
interest. when they choose to disobey traf
and not maximum, standards of behaviour,
fic, arc indignant when their neighbors
showing respect for tolerance and privacy.
violate laws because their religious and
Hart’s approach was that only ‘the univer
moral convictions do not permit them to
sal values’ merited legal support and not
do otherwise. Anarchy is a terrible thing.
those which fluctuate according to fash
It is all that Hobbes said it was. It is
more likely to come from motives like
ion, unless harm is caused to others. (See
those of the speeder, the drunken driver,
HLP Hart’s “Law, Liberty and Morality”
and the one who cheats on his income
(1982) also particularly pages 30 and 31).
tax, rather than from those of men like
Gandhi, King (meaning Martin Luther
King)...... ’’
(Emphasis supplied)
89.
It would be opposite, while on the
question of morality, to refer to the Con
stitution Bench decision of this Court in
r
Suicide
Suicide - Docs commission of suicide damage the monopolistic power of
the State to take life? - Is apprehension of 'constitutional cannibalisin'
justified? - Distinction between “suicide" and "euthanasia".
P.Rathinam/Nagbhusan Patnaik v. Union of India & Ann
(26-04-1994) JT 1994 (3) SC 392 (/?.AZ. Sahai <£ B.L. Hansaria, J.I)
Suicide - Docs suicide produce adverse sociological effects? - Is suicide
against public policy?
"
P.Rathinam/Nagbhusan Patnaik v. Union of India & Ann
(26-04-1994) JT 1994 (3) SC 392 [RM Sahai <f B.L. Hansaria. JJ.)
Suicide - Is suicide a non-rcligious act7 - Is suicide immoral9
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr.
(26-04-1994) JT 1994 (3)SC392 [/?.A/. Sahai<£• B.L. Hansaria. JJ.\
Suicide - Why is suicide committed9 - Who commits suicide? -How
suicide-prone persons should be dealt with9
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr.
(26-04-1994) JT 1994 (3)SC 392 (R.A/. Sahai & B.L, Hansaria. JJ.]
JT 1986 - One Volume
[July - Dec., 1986]
Rs. 425.00 [aound volume]
JT 1987 - Four Volumes [Reprint]
JT 1988 - Four Volumes [Reprinr]
JT 1989 - Four Volumes [Reprint]
JT 1989 (Suppl.)
JT 1990 - Four Volumes
JT 1991-Six Volumes
JT 1992-Six Volumes
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JT 1993 - Six Volumes
Rs. 300.00 [per bound volume]
SUBJECT INDEX
CRIMINAL LAW
Acquittal
Acquittal - Acquittal by trail court set aside by the High Court Infirmities tn the prosecution case - FIR ante dated - Unnatural
conduct of the eye-witness (wife of the deceased) - Incised injuries
- L shaped injury and semi circular injury - Nature of injury
indicauvc of use of different weapons - According to eye-witness,
wife of the deceased, accused repeatedly inflicted knife injuries Testimony contradicting the medical evidence - Prosecution not
able to prove the guilt beyond a reasonable doubt - Acquittal by trial
court upheld - Appeals allowed.
17NK. Meharaj Singh v. State of Uttar Pradesh (21-04-1994)
JT 1994 (3) SC 440 | AS. Anand <4 Faizan Uddin, JJ.]
Arnszt by Poti ce
Arrest by police - Protection of person.- from the oppression and
abuse by police - For effective enforcement of fundamental rights
to life and liberty, requirements to be followed in all cases ofarrests
laid down - Constituuon of India, 1950, Articles 21 and 22( 1).
Joginder Singh v. State of U.P. & Ors. (25-04-1994) JT 1994
(3) SC 423 fA/W. Venkatachahah, CJL. S. Mohan & Dr. A.S.
Anand, XZ.)
Constitution of India, 1950:
Articles 21 and 22(1) - Personal liberty - Arrest by police Indiscriminate arrests - Protection of persons from the oppression
and abuse by police - For effective enforcement of fundamental
rights to lifeand liberty, requirements to be followed in all cases of
arrests laid down.
Joginder Singh v. State of U.P. & On. (25-04-1994) JT 1994
(3) SC 423 \M.N. Venkalachaliah, CJL. S. Mohan A Dr. A.S.
Anand, JJ.\
* .ixuui.iuu.k I
4 UUUUK V. uiliVH U1 Uiuul <X mil. (/.>.£.. iICUlSUrtU, J. j
Ranjit D Udeshi v. State ofMaharashtra,
AIR 1965 SC 881, in which the question
examined was whether the novel of D.H.
Lawrence “Lady Chatterley’s Lover”
could be regarded as “obscene” within
the meaning of section 292 of the Penal
Code. The Constitution Bench speaking
through Hidaytullah, J., as he then was,
stated in paragraph 9 that the question of
obscenity depends upon the mores of the
people and it is always a question of de
gree and where the line is to be drawn.
After going through the case law and what
Lawrence might have had in mind in writ
ing the book, the Bench unanimously came
to the conclusion that Lawrence was prob
ably unfolding his philosophy of life and
the urges of the unconscious, which caused
no loss to the society if there was a mes
sage in the book. After examining the
contents of the book from this standard it
was held it contained no obscenity. The
importance of this decision for our pur
pose is that the aforesaid book was re
garded as morally objectionable at one
point of time even in England, where moral
standard relating to sex is on a lower key
compared to ours.
S.C-417
11.
Does suicide produce adverse so
ciological effects?
91.
One of the points raised against sui
cide is that the person who has so done
might have been the sole bread-earner of
the family, say a husband, a father, be
cause of whose death the entire family
might have been left in lurch or doldrums,
bringing its wake untold miseries to the
members of his family. It is therefore
stated that suicide has adverse effects on
the social set up. No doubt, the effects of
suicide in such cases are quite hurting; but
then, it is a matter of extreme doubt
whether by booking a person who had at
tempted to commit suicide to trial, suicide
can be taken care of. Even imposition of
death sentences has not been able to take
care of commission of murders, as men
tioned earlier.
92.
Further, the aforesaid adverse s ciological effects are caused by the death
of the concerned person, and not by ore
who had tried to commit suicide. Indeed,
those who fail in their attempts become
available to be more or less as useful to
the family as they were. So the person to
be punished is one who had committe 1
suicide; but, he is beyond the reach of law
and cannot be punished. This can provide
no reason to punish a person who should
not be punished.
90.
The above shows that morality has
no defined contours and it would be too
hazardous to make a bold and bald state, ment that commission of suicide isjaer se
■ | an immoral act. _If.lHiman..bcings can be
I treated inhumanely, as a very large seg
ment of our population is, which in a sig 12.
Is suicide against public policy?
nificant measure may be due to wrong (im
moral) act of others, charge of immorality 93.
The basic argument of Shri Sharma,
cannot be, and in any case should not be, learned counsel for the Union of India,
levied, if such human beings or like of was that allowing persons to commit sui
them, feel and think that it would be bet cide would be against public policy.
ter to £nd the wretched life instead of al Though which public policy would be so
lowing further humiliation or torture. affected was not spelt out by the learned
Those who demand virtue must do virtue, counsel, we presume that the public policy
and should see that others too do the same. to be so jeopardised is one which requires
J.U4I6
JUDUCMLN 1 b
preservation of human life. One of the
objects of punishment to be inflicted when
an offence is committed is protection of
society from the depredations of danger
ous persons, as mentioned at page 198 of
Burton M. Lciscr’s “Liberty, Justice and
Morals’’. But insofar as suicide is con
cerned, this object does not get attracted
because there is no question of protection
of the society from depredation of danger
ous persons, who by the very nature of
things have to be those who cause harm to
‘others, and not to themselves. Of course,
L we would concede that one of the inter
ll ests of the State has to be preservation of
human life.
94.
The concept of public policy is,
however, illusive, varying and uncertain.
It has also been described as “untrust-worthy guide”, “unruly horse” etc. The lead
ing judgment describing the doctrine of
public policy has been accepted to be that
of Parke, B. in Egerton v. Brownlow, 18534 HLC 121 in which it was stated as be
low at page 123, as quoted in paragraph
22 of Gherulal Parakash v. Mahadeodas,
AIR 1959 SC 781 (793):
“Public Policy is a vague and unsatisfac
tory term and calculated to lead to uncer
tainty and error, when applied to the de
cision of legal rights; it is capable of be
ing understood in different senses; it may,
and docs, in its ordinary sense, mean 'po
litical expediency’ or that which is best
for the common good of the community;
and in that sense there may be every vari
ety of opinion, according to education hab
its, talents and dispositions of each per
son, who is to decide whether an act is
against public policy or not. To allow
this to be a ground of judicial decision,
would lead to the greatest uncertainty and
confusion. It is the province of the sys
tem and not the lawyer, to discuss, and of
1UDAY
1W4 (J)
die Legislature to determine wliat is best
for the public good and to provide for it
by proper enactments. It is the province
of the Judge to expound the law only; the
written from the statutes; the unwritten or
common law for decisions of our prede
cessors and of our existing courts, from
text writers of acknowledges authority,
and upon the principles to be clearly de
duced from them by sound reason and
just inference; not to speculate upon what
is Jhe best, in his opinion, for the advan
tage of the community. Some of these
decisions may have no doubt been founded
upon the prevailing and just opinions of
the public good; for instance, the illegal
ity of covenants in restraint of marriage
or trade. They have become a part of the
recognised law, and we are therefore
bound by them, but we are not thereby
authorised to establish as law everything
which we may think for the public good,
and prohibit everything which we think
otherwise.”
95.
In the aforesaid case a three-judge
Bench of this Court summarised the doc
trine of public policy by stating at page
795 that public policy or policy of law is
an illusive concept; it has been described
as “untrust-worthy guide”, “variable qual
ity”, “uncertain one”, “unruly horse” etc.
96.
Different High Court of the coun
try have had also occasion to expresstheir
views on this concept in their judgments
in Bhagwant v. Gangabishan, AIR 1940
Bombay 369, Mafizuddin, vs. Habibuddin,
AIR 1957 Calcutta 336;Colapatn v.
Colapatri, AIR 1964 Andhra Pradesh 465;
and Ratan Chand v. Ashkar, AIR 1976
Andhra Pradesh 112. In Colapatri's case,
it was stated that the term public policy is
not capable of a precise definition and
whatever tends to injustice of operation,
restraint of liberty, commerce and natural
or legal rights; whatever tends to the ob
r.Kjuninam/Nagbhusan Patnnik V. Union of India & Anr \B.L. Hansaria, J.]
struction of justice or to the violation of a
statute and whatever is against good mor
als can be said to be against public policy.
These decisions have also pointed out that
the concept of public policy is capable of
expansion
and modification.
In
Ratanchand's case, a Bench of Andhra
Pradesh High Court speaking through
Chinappa Reddy, J. as he then was, quoted
at page 117a significant passage from
Professor Winfield, “Essay on Public
Policy in the English Common Law” (42
Harvard Law Review 76). The same is as
below:
“Public Policy is necessarily variable. It
may be variable not only from one cen
tury to another, not only from one gen
eration to another but even in the same
generation. Further it may vary not merely
with respect to the particular topics which
may be included in it, but also with re
spect to the rules relating to any one par
ticular topic.... This variability of public
policy is a stone in the edifice of the doc
trine and not a missile to be flung at it.
Public policy would be almost useless
without it.
SC419
Central Inland Water Transport Corpo
ration Ltd. vs. Brajo Nath, ATP ’ 986 SC
1571). But how many Judges ct • be any
where near Lord Denning? .’ c is sui
generis.
98.
The magnitude and complexity of
what is or not public policy or can be a
part of public policy, would re apparent
from bird’s eye view of whit has been
stated regarding this at pages 454 to 339
of‘Words and Phrases’ (Permanent Ea.t.
Vol. 35, 1963). To bring home this a few
excerpts would be enough. It has been
first stated under the sub-head mg “In gen
eral” as below at pages 455 and 456.
“Public Policy” imports something that
is uncertain and fluctuating, varying with
the changing economic needs, social cus
toms, and moral aspirations, of the
people. Barwin v. Reidy, 307 P. 2d 175.
181,62 N.M. 183".
“Public Policy” is in its nature so uncer
tain and fluctuating, varying with the hab
its a.id fashions of tlic day, with the growth
of commerce and the usages of trade, that
it is difficult to determine its limits with
any degree of exactness. It has net er
been defined by the courts, but has been
let loose and free from definition in the
same manner as fraud. Pendcleton v.
Grecver, j 193 p. 885, 887, j80 Okl, 35,
17 ALR317”.
97.
As to how the “unruly horse” of
public policy influenced English law has
been narrated by W. Friedmcn in his “Le
gal Theory” : (5th Edn.) at pages 479 et.
seq. in Part III, Section 2 titled as “Legal
Theory, Public Policy and Legal Evalua
“Public policy is a term that is not al
tion”. As to the description of public
ways easy to define and it may vary as
policy as “unruly horse”, it may be stated
the habits opinions, and welfare of a
that there have been Judges not to shy away
people who may vary, and what may be
from unmanageable horses. Lord Denning
the public policy of one state of country'
is one of them. What this noble Judge
and may not be so in another. Franklin
stated in Enderby Town Football Club
Fire Ins. Co. v. Moll, 58 NE 2nd 9478,
Ltd. K Football Association Limited
950, 951, 115 Ind. App. 289.”
(1971) Ch. 591 at page 606 is "With a
good man in the saddle, the unruly horse 99.
In the aforesaid work under the sub
can be kept in control. It can take jump heading “Governed by Constitution, laws
over obstacles.'' (Sec Paragraph 93 of or judicial decisions”, the following finds
SC43)
JUDGEMENTS TODAY
place at page 481 under the further sub
heading “In gcneral”:“ Public policy" is a variable quantity and
is manifested by public acts, legislative
and judicial, and courts will not hold a
contract void. Draughon v. Fox Pcllctir
Corporation, 126 SW 2d 329, 333, 174
Tenn. 457".
“In a judicial sense, public policy docs
not mean simply sound policy, or good
policy, but it means the policy of a state
established for the public weal, either by
law, by courts, or general consent. Clough
v. Gardiner, 182 NYS 804, 806, 111
Mis. 244.”
100.
From the above, it can safely be
said that it would be a uninformed man in
law who would say with any degree of
definiteness that commission of suicide is
against public policy; and, as such, a per
son attempting to commit it acts against
public policy.
1994 (3)
articles relating to the Bombay judgment.
This contention has been advanced because
if the negative aspect of life to right, i.e.,
to destroy it can be read in Article 21, the
State can “easily embark upon a policy to
encourage genocide on the plea that proper
management of resources are vital and nec
essary for the upkeep of life with vigour
and dignity in the wake of geometrical pro
gression of population growth”. The critic
has stretched this argument so much to
come the conclusion of “constitutional
cannibalism” that we may almost leave it
answered, as there is a gulf of difference
between taking of one’s own life and al
lowing the State to go in for genocide.
They are not only poles apart but miles'
apart.
103.
The editor of Calcutta Weekly
Notes in his comments at pages 37 to 40
of (1986-87) 91 CWN (Journal section)
has observed that the distinction made by
the Bombay High Court between “suicide”
and “euthanasia” appears logically incon
13.
Does commission of suicide dam
sistent. According to the editor, the ratio
age the monopolistic power of the State to nale of the judgment would necessarily per
take life?
mit euthanasia as legal. This comment
may not be quite incorrect, because in pas
101.
The aforesaid point is not required sive euthanasia, wherever it has been ac
to be gone into detail, because nobody can cepted as legally permissible, consent of
claim to have monopoly over a human life. the patient, if he be in a sound mental
It is God alone who can claim such a condition, has been regarded as one of the
power. If a person takes his life, he is pre-requisites. So, if one could legally
taking his own life and not the life of commit suicide, he could also give con
anybody else; and so, the argument that sent for his being allowed to die. But
State’s monopolistic power of taking life then, the legal and other questions relat
is taken away by the person who attempts able to euthanasia are in many ways dif
ferent from those raised by suicide. One
to commit suicide has no legs to stand.
would, therefore, be right in making dis
(14) Is apprehension of ‘constitutional tinction logically and in principle between
suicide and euthanasia, though it may be
cannibalism 'justified?
that if suicide is held to be legal, the per
102.
This is one of the criticisms which sons pleading for legal acceptance of pas
has been advanced in one of the aforesaid sive euthanasia would have a winning
P.RalhinanVNagbhusan Patnaik v. Union of India & Anr. [B.L. Hansana, J.)
point. For the cases at hand, we would
remain content by saying that the justifica
tion for allowing persons to commit sui
cide is not required to be played down or
cut down because of any encouragement
to persons pleading for legalisation of
mercy killing.
104.
May we hasten to observe that as
regard the persons aiding and/or abetting
suicide, the law can be entirely different,
as indeed it is even under the Suicide Act.
1961 of England. Bombay judgment has
rightly made this distinction. It is for this
reason that the apprehension raised by the
Andhra Pradesh High Court in its judg
ment in Jagadeswar docs not seem to be
justified. We do not agree with the view
of the Andhra Pradesh High Court in that
if section 309 were to be held bad, it is
highly doubtful whether section 306 could
survive, as self-killing is conceptually dif
ferent from abetting others to kill them
selves. They stand on different footing,
ibecausc in one case a person takes his
\own life, and in the other a third person is
abetted to take his life.
SC421
unbearable, his chances of happiness so
slender, that he has been willing to face
pain and death in order to cease living.
That those for whom life is altogether bit
ter should be subjected to further bitter
ness and degradation seems perverse leg
islation.”
106.
After the aforesaid Law Commi
ssions’s Report became available, the rec
ommendation was accepted by the Gov
ernment of India and the Indian penal Code
(Amendment) Bill, 1972 was introduced
in the Rajya Sabha to repeal section 309.
The Bill was referred to a Joint Commit
tee of both the Houses and after receipt of
its report, the Bill was passed with some
changes by the Rajya Sabha in November,
1978. The Bill so passed was pending in
the Sixth Lok Sabha when it was dissolved
in 1979,<because of which the Bill lapsed.
107.
In the counter-.
led by the
Union of India in Writ Petition (Crl.) No.
409/86, it has been further stated that a
proposal for re-introducing legislation in
Parliament on the lines of the lapsed Bill
is under consideration. It has been admit
ted in this affidavit that section 309 is
(15)
Recommendation of the Law Com
harsh, and so, the intention of the Govern
mission ofIndia andfollow up steps taken,
ment is more or less to repeal that section.
ifany.
104. The Law Commission of India in
its 42nd Report (1971) recommended re
peal of section 309 being of the view that
this penal provision is .“harsh and unjusti
fiable”, (sec paragraph 1,6.33 of the Re
port). In taking this view, the Law Com
mission quoted the following observations
made by H. Romilly Fedden in Suicide’
(London, 1938) at page 42:“It seems a monstrous procedure to in
flict further suffering on even a single in
dividual who has already found life so
(16)
Global view:- What is the legal po
sition in other leading countries of the
world regarding the matter at haruH
108.
We propose to refer to two leading
countries only in this regard- they being
United Kingdom and United States
ofAmerica. We have selected them be
cause the first is a conservative country
and the second a radical: the first is first
in point of time as regards democratic func
tioning and the second is being regarded
as a serious human rights’ protagonist:
/
SC422
JUDGEMENTS TODAY
1994 (3)
Ai English Common Ijw suicide
was taken as felony so much so that a
person who had met his end after commit
ting suicide was not uh..wed Christian
burial, but would hj\v ■ he so done in a
public highway. Not only this, the prop
erty of the person concerned used to get
forfeited to the Crown. (See pages 201 to
207 of Lav/ Morality Edited by Louis
Bloom Cooper and Gravin Drewry (1976),
which pages also contain the speeches
made by the Lord Bishop of Corlisle and
Lord Denning in the House of Lords
during second reading of The Suicide
Bill, 1961.)
feiture of estates) were exacted. In such
States suicide attempts were citherfclonics
or misdemeanours and could result in jail
sentences, although such laws were selec
tively or indifferently enforced. Two of
such States repealed such laws, stating in
effect that although suicide is “a grave; '
social wrong”, there is no way to punish '
it. Eighteen States had no laws against'
either suicide or suicide attempts, but they
specified that to aid, advise or encourage i
another person to commit suicide is a ■
felony. In more than twenty other States, j
there were no penal statutes referring to I
suicide.
109. Times changed, notions changed
and presently, even attempt to commit sui
cide is not a criminal offence, as would
appear from Suicide Act, 1961. Though
section 1 of this Act has only stated that
the “rule of law whereby it is a crime for
a person to commit suicide is hereby ab; rogated”, it has been made clear in the
second para of‘GENERAL NOTE’ below
this section, as finding place in the zerox
copy of this Act enclosed with the written
submissions filed on behalf of the State of
Orissa, respondent No. 2 in Writ Petition
(Crl) No. 419 of 1987 that attempted
suicide is not a crime. This Note reads
as below:
[See pages 16 and 17 of‘‘Suicidology: Contemporary Developments” by
E.S. Scheneidman (1976)]
“
Attempted Suicide
An attempt to commit suicide was a
common law misdemeanour. S.l does
not specifically say that attempted sui
cide is no longer a crime, but it must
follow irresistibly from the fact that the
completed act is no longer a crime..... ”
110. In the United States by early 1970’s
comparatively small number of States (9)
listed suicide as a crime, although no pen
alties (such as mutilation of bodies or for
111. The latest American position has
been mentioned as below at page 348 of
Columbia Law Review, 1986:-
“Suicide is not a crime under the statutes
of any state in the United States. Nor
does any state, by statute, make attempt
ing suicide a crime. In twenty-two states
and three United Stales territories, how
ever, assisting suicide is a crime. Jf an
assistant participates affirmatively in the
suicide, for instance by pulling the trigger
or administering a fatal dose of drugs,
courts agree that the appropriate charge
is murder. ’
Conclusion
112. On the basis of what has been held
and noted above, we state that section 309
of the Penal Code deserves to be effaced
from the Statute book to humanise our pe
nal laws. It is a cruel and irrational provision, and it may result in punishinga per
son again (doubly) who has suffered agony
and would be undergoing ignominy be-
j
j
Joguidcr Singh v. Stale orU.P. & Ors.
S.C423
cause of his failure to commit suicide. 116. I desire to place on record (though
Then an act of suicide cannot be said to it would sound unusual to some and may
be against religion, morality or public be to many) my appreciation for the assis
policy, and an-act of attempted suicide has tance I had received from Shii Satish
no baneful effect on society. Further, sui Chandra, Joint Registrar (Library) of the
cide or attempt to commit it causes Court, in supplying me promptly very use
no harm to others, because of which ful and varied materials for preparing this
State’s interference with the personal judgment, as and how required by me.
liberty of the concerned persons is not
called for.
113.
We, therefore, hold that section 309
JT 1994 (3) S.C. 423
violates Article 21, and so, it is void. May
it be said that the view taken by us wouldadvance not only the cause of humani Joginder Kumar
sation, which is a need of the day, but of
j globalisation also, as by effacing section V
I 30'9, we would be attuning this part of
our criminal law to the global wave length. State of U.P. & Ors.
114.
The writ petitions stand allowed by
declaring section 309 of the Penal Code
as unconstitutional and hence void. The
proceedings of GRCase No. 177 ofl 984
(State vs. Nagbhushan Patnaik) pcnJi e
in the Court of Sub-Judge, Gunpur i.. .nc
Court of Sub- Judge, Gunp ir in the Dis
trict of Koraput, Orissa stands quashed.
115.
Before parting, we should like to
observe that what we have sought to do
through this judgment may be said to be
an attempt to “search for the social dy
namics of criminal law, the functional
theory of sentencing and the therapeutic
reach of punitive arts, to catch up with
social sciences relevant to criminal justice
and to link up prison jurisprudence with
constitutional roots”, of which Justice
Krishna Iyer has mentioned in his Preface
(styled Krishna lycrishly as ’A Word
in Confidence’) to his aforementioned
book. Whether we have succeeded or not;
and, if so, to what extent is for others
to judge.
Writ Petition (Criminal) No. 9 of 1994
(Under Article 32 of the Constitution of India)
M.N. VENKATACHAL1AH, CJI.,
S. MOHAN &
D A.S. ANAND, JJ.
Dt. 25-04-1994.
APPEARANCES
Mr. Yunus Malik, Advocate for Mr. L.R. Singh,
Advocate for the Petitioner.
Mr. A.S. Pundir, Advocate for the Respondents'
CRIMINAL LAW
Arrests by Police
Arrest by police - Protection of persons
from the oppression and abuse by police For effective enforcement of fundamental
rights to life and liberty, requirements
to be followed in all cases of arrests
laid down - Constitution of India, 1950,
Articles 21 and 22(1).
JUDGEMENTS TODAY
S.C392
1994 (3)
irrationalprovision, and it may result in punish
ing a person again (doubly) who has suffered
agony and would be undergoing ignominy be
P.Rathinam/Nagbhusan Patnaik
cause ofhis failure to commit suicide. Then a
010 ?89-NIH3OD
act ofsuicide cannot be said to be against ret.
v
QI SI -on T: d
gion, morality or public policy, and an act of
KJVJ330VAH1VS
attempted suicide has no baneful effect on soci
Union of India & Anr^OJ' 103
ety. Further, suicide or attempt to commit it
causes no harm to others, because of which
Writ Petition (Crl.) Nos.409/86 & 419 of 1987
State‘s interference with the personal liberty of
(Under Article 32 of the Constitution of India) x the concerned persons is not calledfor.
JT 1994 (3) S.C. 392
R.M. SAHAI &
B.L. HANSARIA, JJ.
Dt 26-04-1994.
APPEARANCES
Mr. R. Venkataramani, Advocate (NP) in
W.P.No.409/86 for Petitioner.
Mr. Ranjan Dwivedi, Advocate (NP) in
W.P.No.419/87 for Petitioner.
Mr. V.C. Mahajan, Senior Advocate, Mr. T.C.
Sharma, Mr. P. Parmeswaran, Mr. D.S. Mehra
and Ms. Sushnia Suri, Advocates with him for
the Union of India.
Mr. Raj Kumar Mehta, Advocate for the Re
spondent in W.P. No.419/87.
CRIMINAL LAW
Indian Penal Code, 1860:
Section 309 - Suicide - Attempt to suicide
- Section 309 held violative of Article 21
and declared void - A person cannot be
forced to enjoy right to life to his detri
ment, disadvantage or disliking - Consti
tution of India, Article 21.
We, therefore, hold that section 309 vio
lates Article 21, and so, it is void. May it be said
that the view taken by us would advance not only
the cause ofhumanisation, which is a need ofthe
day, but of globalisation also, as by effacing
section 309, we would be attuning this part of
our criminal law to the global wave length.
[Paras 112 ]
Suicide
Suicide - Why is suicide committed? Who commits suicide? - How suicide-prone
persons should be dealt with?
Various socialforces like the economy,
religion and socio-economic status are respon
sible for suicides. There are various theories of
suicide, to wit, sociological, psychological, bio
chemical. and envi ■ '■nmental. The causes ofsui
cides are many and varying inasmuch as some
owe their origin to sentiments of exasperation,
fury, frustration and revolution; some are the
result offeeling ofburden, torture, and sadness.
Some are caused by loss ofemployment, reverse
offortune, misery due to illness.familytrouble and
thwarted love. Sometimes killing is in opposition to
society and sometimes in opposition to particular
persons. This happens when theperson committing
suicide nurses a feeling of unjust treatment, mal
treatment and cruelty. Suicide knows no barrier of
race, religion, caste, age or sex.
HELD
... (S)ection 309 of the Penal Code
deserves to be effaced from the Statute book to
humanise our penal laws. It is a cruel and
Let us come to the case ofa woman who
commit suicide because she had been raped.
Would it not beaddinginsuit to injury, and insult
P.Rathinam/Nagbhusan Patnaik v. Union of India & Anr. [B.Z.. Ilansaria, J. J
manifold, to require such a woman in case ofher
survival, toface the ignominy ofundergoing an
open trial during the course ofwhich the sexual
violence committed on her which earlier might
have been known only to a few, would become
widely known, making the life of the victim still
more intolerable. Is it not cruel to prosecute such
a person?
&C393
by a jailor following harsh treatment meted out
by a heartlessprosecutor. [Paras 69,71,75 to 78]
Suicide
Suicide - Is suicide a non-religious act? Is suicide immoral?
In the Encyclopaedia of Religion, Vol
We ould go jurther and state that at
tempt to commit suicide by such a woman is not, ume 8 (1987), mention has been made at pages
cannot be, a crime. What is crime in such a case 541 to 547hs tohow "Life" has been understood
by different religions. After discussing the sub
is to prosecute her with a view to get her pun
ished. It is entirely a different matter that at the ject as understood by the primitive societies,
end ofthe trial, the court may impose a tokenfine Judaism, Christianity, Hinduism and Budhism,
or even release the convict on probation. That the discussion has been included by stating that
would not take care of the mental torture and the very act of posing the question "What is
torment which the woman would have undergone life ’'? produces an initial sense of bafflement
during the course ofthe trial. Such a prosecution and perplexity. It has been stated thereafter that
is therefore, par excellence persecution. And a precise, distinct and universally acceptable
why persecute the already tormented woman? concept does not accompany the use ofthe word
Have we become soulless? We think not. What ' 'life '': and that posing ofthe above query brings
is repaired is to reach the soul to stir it to make in its wake a sense that life is an ‘ ‘inexhaustible
it cease to be cruel. Let us humanise our laws. It storehouse ofmysteries, a realm ofendlesslyselfperpetuating novelties, in which the solution to
is never late to do so.
any given problem gives rise to a plethora of
Suicide, as has already been noted, is a other questions that beckon the always restless,
psychiatric problem and not a manifestation of never contended mind ofHomo Sapiens to seek
criminal instinct. We are in agreement with Dr. further for additional answers or, at least, to
(Mrs.) Dastoor that suicide is really a ' ‘Callfor search out more intellectually refined, morally
help'to which we shall add that there is no ' 'call elevating, and spiritually salutary ways ofpursu
forpunishment'' in it. Mention may also be made ing the quest.'' So, life does not end in this world
about what was observed in "The Attitudes of and the quest continues, may be after the end of
Society towards Suicide '', a xerox copy ofwhich this life. Therefore, one who takes life may not
is apart ofwritten submissionsfiled on behalfof really be taken to have put an end to his whole
respondent No. 2 (State of Orissa) in WP No. life. There is thus nothing against religion in
(Crl.) 419/87. It has been stated in this article at what he does.
page 9 that shortly after passing of the Suicide
Insofar as our country is concerned,
Act, 1961 (in England), the Ministry ofHealth
issued recommendation advising all doctors and mythology says LordRama and his brothers took
authorities that attempted suicide was to be Jalasamadhi in river Saryu near Ayodhya; an
regarded as a ‘ ‘medical and socialproblem ‘', as cient history says Budha and Mahavir achieved
to which it was stated that the same was ‘ ‘more in death by seeking it: modem history ofIndepen
keeping with present day knowledge and senti dence says about variousfasts unto death under
ment than the purely moralistic and punitive taken by no less a person than Father of the
Nation, whose spiritual disciple Vinoba Bhave
reaction expressed in the old law. "
met his end only recently by going on fast, from
.So, what is needed to take care of sui which act (of suicide) even as strong as Prime
cide-prone persons are soft words and wise coun Minister as Indira Gandhi could not dissuade the
selling (ofa psychiatrist), and not stony dealing Acharya.
S.C394
JUDGEMENTS TODAY
The aforesaid persons were our reli
gious and spiritual leaders: they are eulogised
and worshipped. Fwn the allegation against
them that they indulged m a non-rcligtous act.
would be taken as an act sacrilege. So, where is
non-religionsity tn the act ofsuicide sofar as our
social ethos is concerned? And it is this ethos,
this social mores, which our law has to reflect
and respect.
1994 (3)
concerned person, and not by one who had tried
to commit suicide. Indeed, those whofail in their
attempts become available to be more or less as
useful to the family as they were. So the person
to be punished is one who hadcommittedsuicidc;
but. he is beyond the reach of law and cannot be
punished. This can provide no reason to punish
a person who should not be punished.
.... (I)l would be a uninformed man in law
.... (Mjorahty has no defined contours who would say with any degree of definiteness
and it would be too hazardous to make a bold and that commission of suicide is against public
bald statement that commission ofsuicide is per policy: and, as such, a person attempting to
se an immoral act. If human beings can be commit it acts against public policy. [Paras 91,
treated inhumanly, as a very large segment ofour 92 and 100]
population is, which in a significant measure
may be due to wrong (immoral) act of others, Suicide
charge ofimmorality cannot be, and in any case
shouldnot be, levied, ifsuch human beings or like
Suicide - Docs commission of suicide dam
of them, feel and think that it would be better to
age the monopolistic power of the State to
and the wretched life instead ofallowingfurther
take life? - Is apprehension of ‘constitu
humiliation or torture. Those who demand virtue
tional cannibalism’ justified? - Distinction
must do virtue, and should see that others too do
between “suicide” and “euthanasia”.
the same. [Paras 81 to 83 and 90]
Suicide
Suicide - Does suicide produce adverse so
ciological effects? - Is suicide against
public policy?
One ofthe points raised against suicide
is that the person who has so done might have
been the sole bread-earner of the family, say a
husband, a father, because of whose death the
entire family might have been left in lurch or
doldrums, bringing its wake untold miseries to
the members ofhis family. It is therefore stated
that suicide has adverse effects on the social set
up. No doubt, the effects ofsuicide in such cases
are quite hurling: but then, it is a matter of
extreme doubt whether by booking a person who
had attempted to commit suicide to trial, suicide
can be taken care of. Even imposition ofdeath
sentences has not been able to take care of
commission of murders, as mentioned earlier.
Further, the aforesaid adverse socio
logical effects are caused by the death of the
... Ifa person takes his life, he is taking
his own life and not the life of anybody else; and
so. the argument that State's monopolisticpower
of taking life is taken away by the person who
attempts to commit suicide has no legs to stand.
The editor of Calcutta Weekly Notes in
his comments at pages 37 to 40 of(1986-87) 91
CWN (Journal section) has observed that the
distinction made by the Bombay High Court
between ' ‘suicide '' and ' 'euthanasia'' appears
logically inconsistent. According to the editor,
the rationale of the judgment would necessarily
permit euthanasia as legal. This comment may
not be quite incorrect, because in passive eutha
nasia. wherever it has been accepted as legally
permissible, consent of the patient, ifhe be in a
sound mental condition, has been regarded as
one ofthe pre-requisites. So. ifone could legally
commit suicide, he could also give consentfor his
being allowed to die. But then, the legal and
other questions relatable to euthanasia are in
many ways differentfrom those raised by suicide.
P.Raihmam/Nagbhusan Palnaik v Union of India & Anr \B.L. Han.saria. J. j
One would, therefore, be right in making distinc
tion logically and in principle between suicide
and euthanasia, though it may be that ifsuicide
is held to be legal, the persons pleadingfor legal
acceptance ofpassive euthanasia would have a
winning point. For the cases at hand, we would
remain content by saying that thejustificationfor
allo*. i persons to commit suicide is not re
quired to oe played down or cut down because of
any encouragement to persons pleading for
legalisation of mercy killing.
S.C395
From what has been stated above, it mey
not be understood that according to us the right
encompassed or conferred by Article 21 can be
waived. Heed for this observation has been felt
because it has been held by a Constitution Bench
in Olga Tallis v. Bombay Municipal Corporation
AIR 1986SC 180 that afundamental right cannot
be waived. A perusal ofthat judgment, however,
shows thatfa dealt more with the question of
estoppel by conduct about which it can be said
that the same is a facet ofwaiver. In the present
cases, we are, however, not on the question of
estoppel but ofnot taking advantage ofthe right
conferred by Article 21.
May we hasten to observe that as regard
the persons aiding and/or abetting suicide, the
law can be entirely different, as indeed it is even
Keeping in view all the above, we state
under the Suicide Act. 1961 ofEngland. Bombay
judgment has rightly made this distinction. It is that right to live ofwhich Article 21 speaks ofcan
for this reason that the apprehension raised by be said to bring in its trail the right not to live a
the Andhra Pradesh High Court in its judgment forced life. [Paras 34 to 36]
in Jagadeswar does not seem to be justified. We
do not agree with the view ofthe Andhra Pradesh Legislation
High Court in that ifsection 309 were to be held
bad, it is highly doubtful whether section 306
Legislation - Enactment of - Why is a law
could survive, as self-killing is conceptually dif
enacted? - What object (s) it seeks to
ferent from abetting others to kill themselves.
serve? - IPC, section 309.
They stand on different footing, because in one
case a person takes his own life, and in the other
. ... (L)aw has many promises to keep
a third person is abetted to take his life. [Paras including granting ofso much ofliberty as would
101 and 103]
not jeopardise the interest ofanother or would
affect him adversely, i.e., allowing ofstretching
Constitution of India, 19S0:
of arm upto that point where the other fellows '
nose does not begin. For this purpose, law may
Article 21 - Right to life - Has a person have ' 'miles to go". Then, law cannot be cruel.
residing in India right to die? - A person which it would be because ofwhat is being stated
cannot be forced to enjoy right to life to later, ifpersons attempting suicia\ ore treated as
his detriment, disadvantage or disliking.
criminals and are prosecuted to get them pun
ished. whereas what they need is psychiatric
... (O)nemay refuse to live, ifhis living treatment, because suicide basically is a ' 'call
be not according to the person concerned for help''. as stated by Dr. (Mrs.) Dastoor, a
worthliving or ifthe richness andfullness oflife Bombay Psychiatrist, who head an organisation
were not to demand living farther. One may called, 'Suicide Prevent'. May it be reminded
rightly think that having achieved all worldly that a law which is cruel violates Article 21 ofthe
pleasure or happiness, he has something to Constitution. [Para 49]
achieve beyond this life. This desirefor commun
ion with God may very rightly lead even a very Criminology
healthy mind to think that he wouldforego his right
to live and would rather choose not to live. In any
Crime - Why is a particular act treated as
case, a person cannot be forced to enjoy right to life
crime? - What acts are so treated? - Tort
to his detriment, disadvantage or disliking.
and crime distinguished.
7
PC—SPIRS 3.30
MEDLINE (R) 1/96-10/96
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country and/or by International Convention.
1 of 19
TI: [Enforced psychiatric hospitalization for dementia by the district
psychiatrist!
AU: Heinik-J; Levy-A
AD: Margoletz Psychogeriatric Institute, I.chilov Hospital, Tel Aviv.
SO: Harefuah. 1996 Feb 1; 130(3): 173-7; 223
LA: HEBREW; NON-ENSLISH
AB: Dementia syndromes in the elderly are characterized by progressive
deterioration and clinical and functional heterogeneity. At times a psychiatric
picture prevails, and at other times, somatic as well as cognitive aspects.
According 1y, management is conducted in separate facilities, psychiatric or
geriatric, which are not closely connected. The Israel .Mental Health Act.
practically permits psychiatric commitment of every case of dementia at a
certain stage of the illness. We describe a 75—year-old woman with dementia who
was committed to a psychiatric hospital by order of the district psychiatrist.
After attenuation of psychiatric symptoms, she remained in hospital
unnecessarily. Further deterioration in physical, as well as cognitive
condition, required transfer to a nonpsychiatric facility. However, due to
difficulties in transfer from psychiatric to geriatric facilities, this was not
accomplished. We therefor suggest broadening the authority of the district
psychiatrist to include transfer of patients with dementia to appropriate,
nonpsychiatriclong-term treatment facilities on termination of psychiatric
treatment.
*
The Mental HeaI th Act 1992 [letter!
Lee-JW
N-Z-Med-J.
1996 May 10; 109(1021): 173
S0:
LA: ENGLISH
3 of 19
TI: Localization of interleukin-1 beta converting enzyme mRNA in rat brain
vasculature: evidence that the genes encoding the interleukin-1, system are
constitutively expressed in brain blood vessels. Pathophysiological
implications.
ALJ: Wong-ML; Bongiorno-PB; Gold-PW; Licinio-J
AD: Clinical Neuroendocrinology Branch, National Institute of Mental. Heal_th.,
NIH, Bethesda, Nd 20892-1284, USA.
SO: Neuroimmunomodulation. 1995 May-Jun;. 2(3): 141-8
LA: ENGLISH
AB: Interleukin (IL)-l beta-converting enzyme (ICE) cleaves the biologically
inactive precursor form of IL-1 beta into mature, bioactive IL-1 beta. Because
of the potent effects of IL-1 in blood vessels, we conducted an in situ
hybridization study to determine whether ICE mRNA is constitutively expressed
in adult rat brain vasculature. Using in situ hybridization histochemistry, we
were able to demonstrate that mRNA in blood vessels scattered throughout the
brain. In a second set experiments, we found that the genes encoding not only
ICE. but also IL-1 alpha, IL-1 beta, IL-1 receptor antagonist (IL-lra), and the
IL-i type I receptor are expressed in brain vasculature. To our knowledge this
is the first report documenting the expression of the genes encoding all of the
functional elements of the IL-1 system in the same tissue. Dur findings have
three pathophysiological implications. First, they indicate a possible site
where peripheral IL-1 may act. in the brain. The vascular IL-1 system stimulates
the production of nitric oxide and prostanoids, which could act. as mediators of
the effects of peripheral IL-1 in the central nervous system. Additionally,
vascular IL-1 is known to activate adhesion molecules; our data that the genes
encoding the IL-1 system are expressed in brain vasculature further support the
concept that IL-1 is implicated in the pathophysiology of atherosclerosis and
stroke. Finally, in the context of previous studies documenting that IL-lra
inhibits the effects of IL-1 on endothelial cells, our findings of endogenous
IL-lra mRNA in brain vasculature indicate that IL-lra might be an endogenous
vascular protective agent.
4 of 19
TI: Psychopathological syndromes in the functional psychoses: associations with
course and outcome.
AU: van-Os-J; Fahy-TA; Jones-P; Harvey-I; Sham-P; Lewis-S; Bebbington-P ;
Toone-B; Williams-M; Murray-R
AD: Department, of Psychological Medicine, Institute of Psychiatry, London.
SO: Psychol-Med. 1996 Jan; 26(1): 161-76
LA: ENGLISH
AB: The aim of this study was to identify underlying dimensions of
psychopathology in a cohort of patients with functional psychosis of recent
onset, and to examine their prognostic value. Factor analysis of the
psychopathological features of 166 consecutively admitted patients with
functional psychosis of recent onset revealed seven psychopathological
dimensions, which explained 63% of the variance. Five of these seven syndromes
bore differential associations with subsequent treatment and illness course,
independent of: (i) associations with DSM-III—R diagnosis; (ii) associations
with other prognostic factors; and (iii) associations with the baseline values
of outcome variables. The most striking associations were shown for an early
and insidious onset syndrome with affective flattening, which predicted a more
disabled course of illness on three of four outcome dimensions, and which was
more common in males and unmarried individuals. A second syndrome,
characterized by bizarre behaviour, inappropriate affect, catatonia, and poor
rapport showed similar, slightly less striking, associations with illness
course, as well as with poor pre-morbid social functioning. A third syndrome,
characterized by positive psychotic symptoms was to a lesser degree associated
with poorer outcome, whereas a fourth syndrome distinguished by manic
symptomatology predicted a more benign illness course. A fifth syndrome
identified by lack of insight predicted more time in hospital and admission
under a section of the Mental Heal th Act during the follow-up period. A further
finding was that dimensional representations of psychopathological features
were considerably more useful than categorical representations (DSM-III-R and
ICD—10) as predictors of illness course and treatment decisions.
5 of 19
TI: Recurrent self-injurious behavior in forensic patients.
AU: Hillbrand-M; Young-JL; Krystal-JH
AD: Intermediate Treatment Unit, Whiting Forensic Institute, Middletown, CT
06457, USA.
SQ: Psychiatr-Q. 1996 Spring; 67(1): 33-45
LA: ENGLISH
AB: A high prevalence of self-injurious behavior has been reported in the
forensic psychiatric population and the correctional psychiatric population.
Severely and recurrently self-destructive patients pose great therapeutic
challenges. The present study examined forensic patients who engaged in
multiple acts of self-injury while hospitalized and compared them to forensic
patients who engaged in a single act. of self-injury. The groups did not differ
on demographic or diagnostic measures, but the recurringly self-injurious
patients were more frequently and more severely aggressive against others
(verbally as well as physically), and required longer hospitalization. The
results are interpreted to suggest that the high cost of recurring self-injury
in human and financial terms may be reduced by a strategy of early and vigorous
the production of nitric oxide and prostanoids, which could act as mediators of
the effects of peripheral IL-1 in the central nervous system. Additionally,
vascular IL-1 is known to activate adhesion molecules; our data that the genes
encoding the IL-1 system are expressed in brain vasculature further support the
concept that IL-1 is implicated in the pathophysiology of atherosclerosis and
stroke. Finally, in the context of previous studies documenting that IL-lra
inhibits the effects of IL-1 on endothelial cells, our findings of endogenous
IL-lra mRNA in brain vasculature indicate that IL-lra might be an endogenous
vascular protective agent.
4 of 19
TI: Psychcpathological syndromes in the functional psychoses: associations with
course and outcome.
AU: van-Os-J; Fahy-TA; Jones-P; Harvey-I; Sham-P; Lewis-S; Bebbington-P ;
Toone-B; Williams-M; Murray-R
AD: Department, of Psychological Medicine, Institute of Psychiatry, London.
SD: Psycho1-Med. 1996 Jan; 26(1): 161—76
LA: ENGLISH
AB: The aim of this study was to identify underlying dimensions of
psychopathology in a cohort of patients with functional psychosis of recent
onset, and to examine their prognostic value. Factor analysis of the
psychcpathological features of 166 consecutively admitted patients with
functional psychosis of recent onset revealed seven psychcpathological
dimensions, which explained 63Z of the variance. Five of these seven syndromes
bore differential associations with subsequent treatment and illness course,
independent of: (i) associations with DSM-III-R diagnosis; (ii) associations
with other prognostic factors; and (iii) associations with the baseline values
of outcome variables. The most striking associations were shown for an early
and insidious onset syndrome with affective flattening, which predicted a more
disabled course of illness on three of four outcome dimensions, and which was
more common in males and unmarried individuals. A second syndrome,
characterized by bizarre behaviour, inappropriate affect, catatonia, and poor
rapport showed similar, slightly less striking, associations with illness
course, as well as with poor pre-morbid social functioning. A third syndrome,
characterized by positive psychotic symptoms was to a lesser degree associated
with poorer outcome, whereas a fourth syndrome distinguished by manic
symptomatology predicted a more benign illness course. A fifth syndrome
identified by lack of insight predicted more time in hospital and admission
under a section of the Wenta 1 Heal th Act during the follow-up period. A further
finding was that dimensional representations of psychcpathological features
were considerably more useful than categorical representations (DSM-III-R and
ICD-10) as predictors of illness course and treatment decisions.
5 of 19
TI: Recurrent self-injurious behavior in forensic patients.
AU: Hillbrand-M; Young-JL; Krystal-JH
AD: Intermediate Treatment Unit, Whiting Forensic Institute, Middletown, CT
06457, USA.
SO: Psychiat:—0. 1996 Spring; 67(1): 33-45
LA: ENGLISH
AB: A high prevalence of self-injurious behavior has been reported in the
forensic psychiatric population and the correctional psychiatric population.
Severely and recurrently self-destructive patients pose great therapeutic
challenges. The present study examined forensic patients who engaged in
multiple acts of self-injury while hospitalized and compared them to forensic
patients who engaged in a single act. of self-injury. The groups did not differ
on demographic or diagnostic measures, but the recurringly seif—injurious
patients were more frequently and more severely aggressive against others
(verbally as well as physically), and required longer hospitalization. The
results are interpreted to suggest that the high cost of recurring seif-injury
in human and financial terms may be reduced by a strategy of early and vigorous
interven tian.
6 of 19
TI: Forensic psychiatry in Britain.
AU: fieck-JC
AD: Harvard Medical School, Cambridge, MA, USA.
SO: Bui 1-Am-Acad-Psychiatry-Law. 1995; 23(2): 249-60
LA: ENGLISH
AB: This report provides an overview of the criminal forensic mental heal th
system in Great Britain, that is England and Wales. The report is based on the
author's participant observation as a visiting consultant psychiatrist at a
regional forensic facility in Manchester, England during early 1994. British
law casts a net over a wider population of forensic patients than does U.S.
law. There is a forensic care system in the British National Health Service
that is parallel to and independent of the general psychiatric care system. The
forensic system provides continuity of care from prison through maximum
security hospitals to regional medium secure facilities, and finally, into the
community. Community care is provided by psychiatrists and social workers and,
if necessary, by psychiatric nurses. This system appears to provide effective
treatment for persons with major mental disorders and histories of violence.
Differences between Britain and the United States in philosophy of government,
in law, and in forensic training and practice are discussed. The fundamental
difference is a greater British belief in the capacity of government to act. in
the best interests of the individual. Current problems in the British health
care system and plans to privatize some services are also discussed-
TI: Ethnic differences in risk of compulsory psychiatric admission among
representative cases of psychosis in London.
AU: Davies-S; Thornicrcft-G; Leese-M; Higgingbotham-A; Phelan-M
AD: PRiSM (Psychiatric Research in Service Measurement), Institute of
Psychiatry, London.
-SO: BMJ. 1996 Mar 2; 312(7030): 533-7
<A: ENGLISH
AB: OBJECTIVE—To compare the risk of detention under the Hen tai Hea1 th Act
19S3 in a representative group c<f people with psychotic disorders from
different ethnic groups. SETTING—Two defined geographical areas in south
London. DESIGN—Annual period prevalent cases of psychosis were identified in
1993 in the study areas from hospital and community data. Standardised criteria
were applied to case notes to establish diagnosis and detention under the act.
SUBJECTS—535 patients were identified, of whom 439 fulfilled ICD—10 criteria
for psychosis. MAIN OUTCOME MEASURES—Risk of ever having been detained under
the Mental Heal th Act 1983, risk of detention under specific sections of the
act during’the study year, and risk of contact with forensic services for the
different ethnic groups. RESULTS—439 patients with a psychotic illness were
identified. Nearly half of the white patients had been detained under the act
compared with 70% and 69% of black Caribbean and black African patients,
respectively. Black Caribbean and black African patients were more likely than
white patients to have been invoiuntarily detained (adjusted odds ratio 3.67;
95% confidence interval 2.07 to 6.50 and 2.38; 1.04 to 7.95, respectively).
Rates of use c<f sections 2, 3 and 136 in the study year were higher for black
than for white patients, and black patients were more likely than white
patients to have been admitted to a psychiatric intensive care facility or
prison. CONCLUSION—Independent of psychiatric diagnosis and sociodemographic
differences, black African and black Caribbean patients with psychosis in south
London were more likely than white patients to have ever been detained under
the Mental Health Act 1983.
8 of 19
TI: Improvements in VA health services for women veterans.
AU: Weiss-TW
AD: Houston Center for Quality of Care and Utilization Studies (a VA HSR&D
Field Program), Houston VAMC (152), TX 77030, USA.
SO: Women-Health. 1995: 23(2): 1-12
LA: ENGLISH
AB: Since the early 19S0s, health care -For women veterans in the Department of
Veterans Affairs- (VA) has improved considerably , although problems still
remain. The lack of privacy for women at many VA facilities and the provision
of incomplete physical examinations for women continue to be problematic
issues. A 1992 congressional appropriation of $7.5 million has substantially
increased the awareness of women veterans health care in the VA. This '
appropriation , from Public Law 102-585, Veterans Health Care Act of 1992, Title
I-Women Veterans Health Programs, has allowed VA to expand services for women
veterans. Using these funds, VA has established eight comprehensive women
veterans health centers, 23 full-time women veterans coordinators, and four
regional stress disorder teams. This paper describes these and other important
new initiatives and discusses how they will serve as the foundation on which VA
expands care for women within the context of a changing health care system.
9 of 19
TI: Addiction and temporary certification. A proposed change to legislation and
it's possible implication for clinical practice.
AU: Burke-G; Walshe-DG
AD: Dept, of Psychiatry UCD, St. Brendan's Hospital, Dublin.
SO: Ir-Med-J. 1995 Nov-Dec; 88(6)S 219-20
LA: ENGLISH
AB: The Mental Treatment Ac t (1945) is currently undergoing review to enable
Ireland to meet it's international obligations. The Green Paper an Mental
Heal th (1992) makes a number of suggestions regarding this. One such is the
deletion of Addiction as sufficient grounds for involuntary admission to a
psychiatric hospital or unit. This study looked at the possible impact such a
proposal might have on the doctor's clinical choice in the management of
addiction. The casenotes and temporary certificates of 191 involuntary
admissions to St.. Brendan's Hospital were examined. 9 cases (4.7%) were
admitted for the direct effect of addiction, i.e., intoxication or
uncomplicated withdrawal. The conclusion of this study is that the deletion of
the addiction criterion from future mental heal th legislation would, in itself,
have little impact on the number of committals. This is because the majority of
those with evidence of Substance Abuse have a concurrent disorder that would be
covered by the remaining criteria.
10 of 19
TI: The Camberwell Assessment of Need: the validity and reliability of an
instrument to assess the needs of people with severe mental illness.
AU: Phelan-M; Slade-M; Thornicroft-G; Dunn-8? Holloway-F; Wykes-T; Strathdee-8;
Loftus-L; McCrone-P: Hayward-P
AD: Institute of Psychiatry, London.
SO: Br-J-Psychiatry. 1995 Nov; 167(5): 589-95
LA: ENGLISH
AB: BACKGROUND. People with severe mental illness often have a complex mixture
of clinical and social needs. The Camberwell Assessment of Need (CAN) is a new
instrument which has been designed to provide a comprehensive assessment of
these needs. There are two versions of the instrument: the clinical version has
been designed to be used by staff to plan patients' care; whereas the research
version is primarily a mental health service evaluation tool. The CAN has been
designed to assist local authorities to fulfil their statutory obligations
under the National Health Service and Community Care Act 1990 to assess needs
for community services. METHOD. A draft version of the instrument was designed
by the authors. Modifications were made following comments from mental, health
experts and a patient survey. Patients (n - 49) and staff (n = 60) were then
interviewed, using the amended version, to assess the inter—rater and
test-retest reliability of the instrument. RESULTS. The mean number of needs
identified per patient ranged -from 7.55 to 8.64. Correlations of the
inter-rater and test—retest reliability of the total number of needs identified
by staff were 0.99 and 0.78 respectively. The percentage of complete agreement
on individual items ranged from 100—81.67 (inter-rater) and 100-58.17
(test-retest)• CONCLUSIONS. The study suggests that the CAN is a valid and
reliable instrument for assessing the needs of people with severe mental
illness. It is easily learnt by staff from a range of professional backgrounds,
and a complete assessment took, on average, around 25 minutes.
11 of 19
TI: Treating mentally disordered prisoners. Mental Health Ac_t Commission should
visit prisons Eletter!
AU: Reeves-RW
SO: BMJ. 1995 Dec 16; 311(7020): 1641
'LA: ENGLISH
12 of 19
TI: Schizophrenia: a new frontier in developmental neurobiology.
AU: Wolf—SS; Weinberger-DR
AD: Clinical Brain Disorders Branch, National Institute of Mental Heal th, NTH,
NIMH Neuroscience Center at St. Elizabeths, Washington, D.C., 20032, USA.
SO: Isr—J-Med-Sci. 1996 Jan; 32(1): 51-5
LA: ENGLISH
AB: Evidence from diverse sources, including postmortem investigations, in vivo
imaging studies and animal models, suggests that schizophrenia has its origins
in early cortical maldevelopment, which in turn may lead to dysfunctional
connectivity during brain maturation and clinical symptomatology in early
adulthood. Antipsychotic drugs, including the atypical agent clozapine, appear
to act at key sites involved in higher cortical-limbic connectivity, possibly
mediated by a variety of neurotransmitters. Studies of gene expression may
provide a better understanding of how antipsychotic drug effects are integrated
at the postsynaptic level. The data from schizophrenia research are discussed
within a neurodevelopmental framework.
13 of 19
TI: 1,1'-EthylidenebisEL-tryptophanl, a contaminant implicated in L-tryptophan
eosinophilia myalgia syndrome, suppresses mRNA expression of hypothalamic
corticotropin-releasing hormone in Lewis (LEW/N) rat brain.
AU: Br.ady-LS; Page—SW; Thomas—F"S; Rader—JL; Lynn—AB; Misiewicz—Poltorak—B;
Zelazowski-E; Crofford-LJ; Zelazowski-P; Smith-C; et-al
AD: Clinical Neuroendocrinology Branch, National Institute of Mental Health,
Bethesda, MD 20892, USA.
SO: Neuroimmunomodulation. 1994 Jan; 1(1): 59-65
LA: ENGLISH
AB: The L-tryptophan eosinophilia myalgia syndrome (L-Trp-EMS), related to
ingestion of impure L-Trp, occurred in epidemic proportions in the United
States in 1989. Epidemiologic studies implicated
1,1'-ethylidenebisEL-tryptophan3 (EBT) as the impurity most highly associated
with development of human L-Trp-EMS. We have previously shown that Lewis
(LEW/N) rats fed L-Trp implicated in the L-Trp-EMS epidemic (case-associated
L-Trp) develop fasciitis and perimyositis which is associated with a reduction
in corticotropin-releasing hormone (CRH) mRNA expression in the hypothalamic
paraventricular nucleus (PVN). In this study, we report the effects of EBT- and
case-associated L-Trp on CRH mRNA expression in the hypothalamic PVN and
secretion of adrenocorticotropic hormone (ACTH) and corticosterone (CORT) into
the plasma over a time course of 1-6 weeks in the same rats in which we have
found fascial thickening and immune cell activation induced by these compounds.
Both control L-Trp and EBT stimulated'the secretion of ACTH and CORT at 1-2
weeks, whereas case-associated L-Trp did not. EBT and case-associated L-Trp
decreased CRH mRNA expression in the PVN at 2-6 weeks, while control L-Trp had
no effect. The striking contrast in the effects of case-associated L-Trp and
EBT on the HPA axis suggests that the reduction in CRH mRNA levels in the PVN
seen in each case may he related to different mechanisms. It is possible that
EBT suppresses CRH mRNA expression directly, in the absence of inflammation,
while case-associated L.-Trp may act through multiple mechanisms, including that
associated with inflammation.(ABSTRACT TRUNCATED AT 250 WORDS)
14 of 19
TI: New subordinate psychiatric legislation in Israel.
AU: Levy-A
AD: Institute of Forensic Psychiatry, Shalvata Mental Health Center,
Hod-Hasharon, Israel.
SO: Med-Law.'1995;' 14(3-4): 307-12
LA: ENGLISH
AB: The 1991 Mental Health Act left considerable scope for the promulgation of
regulations, which were indeed enacted a year later, in 1992. The 1992
regulations are analysed here. The innovations and improvements introduced, as
well as the problems and difficulties created by the regulations are discussed.
It is vital to review and revise psychiatric legislation constantly.
15 of 19
TI: Male Afro-Caribbean patients admitted to Rampton Hospital between 1977 and
19S6—a control study.
AU: Shubsachs-AP; Huws-RW; CIose-AA; Larkin-EP; Falvey-J
AD: Rampton Hospital, Retford, Notts.
SO: Med-Sci-Law. 1995 Oct; 35(4): 336-46
LA: ENGLISH
AB: All Afro-Caribbean patients admitted to the Mental Illness Division of
Rampton Hospital (a Special Hospital) between 1977 and 19S6 and a randomly
selected control cohort of Non Afro-Caribbean patients admitted in the same
period, were compared on a variety of sociodemographic, psychiatric,
criminological, treatment and outcome variables. Significantly, fewer of the
Afro-Caribbean patients attracted the legal classification of Psychopathic
Disorder. Detailed analysis was thus restricted to mentally ill patients in the
two ethnic groupings. Similarities outweighed differences. There was no
difference between the groups in terms of index offence, previous custodial
sentence, in-patient psychiatric admission (including previous Special Hospital
admission), admission source. Mental Heal th Act section, length of admission
(including readmission) to Special Hospitals, likelihood of discharge or place
to which discharged. Medication history in Special Hospitals was similar at one
year and three years after admission. Afro-Caribbean patients had a lower
incidence of childhood institutional care, a decreased likelihood of a previous
supervision order, an increased likelihood of a previous Court appearance and
received higher doses of antipsychotic medication four weeks after admission to
Special Hospital.
16 of 19
TI: Male rape: the impact of a legal definition on the clinical area.
AU: Rogers-P
AD: South Wales Forensic Psychiatric Service, Caswell Clinic, Glanrhyd
Hospital, Bridgend, Mid Glamorgan.
SO: Med-Sci-Law. 1995 Oct.; 35(4): 303-6
LA: ENGLISH
AB: Recently the awareness of the issues surrounding male rape has received
increased attention by both mental heal th workers and the general public
following the introduction of the Sexual Offences Act 1994, and the recent case
at the Old Bailey where a historical breakthrough was made in June 1995
following the first conviction for male rape under the new law. However, most
of this attention has not resulted in many clinical breakthroughs in helping
male rape survivors overcome the post—assault impact. Little is known about the
prevalence, types of assault, consequences facing survivors and therapeutic
options. Some evidence is being reported that male rape survivors develop Post
Traumatic Stress Disorder -Following the assault. It has long been recognized
that this is the case with female rape survivors, but to date there have been
no significant UK prevalence studies which have examined this relationship.
This paper discusses some of the issues surrounding male rape by focusing on
the possible effects of the recent legal change on the clinical area.
17 of 19
TI: Acute psychiatric beds: distribution and staffing in NSW and ACT.
AU: Rosenman-S
AD: Mental Health Services, ACT Department of Health. Canberra.
SO: Aust-N-Z-J-Psychiatry . 1995 Jun; 29(2): 238-47
LA: ENGLISH
AB: This study examined the availability and staffing of acute psychiatry beds
in NSW and ACT. "Gazetted" acute psychiatry hospitals (which take compulsory
admissions under mental health law) were polled directly for bed numbers,
occupancy and staffing for the year 1990-1991. The NSW Department of Health
provided beds numbers for non-gazetted and private hospitals. Four analyses
sequentially reallocated beds according to the origin of patients to estimate
acute bed availability and use by regional populations. Socio-demographic
determinants of.acute admission rates were measured. Acute "gazetted" beds
averaged 13.2 per 100,000 population but ranged from 6.9 to 49.1 per 100,000
when cross-regional flows were considered. "Non-gazetted" beds raised the
provision to 15,5 per 100,000 and private beds raised provision further to 24.5
per 100,000. Inner metropolitan provision was higher than rural or provincial
provision. The only determinant of the admission rate to gazetted beds was the
number of available beds. Bed availability did not affect, either bed occupancy
or referral of patients to remote hospitals. Nursing staffing of gazetted units
was reasonably uniform, although smaller units had significantly more nurses
per bed. Medical staffing was highly variable and appears determined by staff
availability. The average provision of acute psychiatric beds approximates
lowest levels seen in international models for psychiatric services. Average
occupancy rates suggest that there is not an overall shortfall of acute
psychiatric beds, but uneven bed distribution creates barriers to access.
Referral of patients to remote hospitals is not related to actual bed provision
in the regions, but appears to reflect attitudes to ensuring local care.
Recommendations about current de facto standards are made. Current average
nursing and medical staffing standards are reported.
18 of 19
TI: Cost of relapse in schizophrenia.
AU: Weiden-PJ; Glfson-M
AD: Dept, of Psychiatry, St. Luke's-Roosevelt Hospital Center, New York, NY
10025. USA.
SD: Schizophr-Bul1. 1995; 21(3): 419-29
LA: ENGLISH
AB: To estimate the national annual cost of rehospitalization for
multiple-episode schizophrenia outpatients, and to determine the relative cost
burden from loss of medication efficacy and from medication noncompliance, the
yearly number of neuroleptic-responsive multiple-episode schizophrenia
inpatients in the United States who are discharged back to outpatient treatment
was estimated. The cohort at risk for future relapse and rehospitalization was
determined. The research literature on the expected rates of relapse for
schizophrenia patients on maintenance antipsychotic medication was reviewed; in
particular, monthly relapse rates under the optimal medication conditions of
compliant patients taking optimal doses of a depot neuroleptic (optimal
neuroleptic dose) and under the less optimal conditions of patients stopping
medication (medication noncompliant) was estimated. Using established
noncompliance rates from the literature, it became possible to estimate a "real
world” rehospitalization rate for this cohort, as well as the relative burden
accruing from loss of medication efficacy and from medication noncompliance.
Finally, cost estimates for index hospitalizations and rehospitalizations were
derived -From data an national expenditures -far inpatien t mental heal th care.
The monthly relapse rates are estimated to be 3.5 percent per month for
patients on maintenance neuroleptics and 11.0 percent per month far patients
who have discontinued their medication. Postdischarge noncampliance rates in
community settings are estimated to be 7.6 percent per month. These estimates
were entered into a survival analysis model to determine the real world relapse
rate of this cohort. An estimated 257,446 multiple-episode \> or = two
hospitalizations) schizophrenia patients were discharged From short-stay (< or
-- 90 days) inpatient units in the United States during 1986. The estimated
aggregate baseline inpatient cost For the index hospitalizations of this cohort
was $2.3 billion (1993 dollars). Within 2 years after discharge, the aggregate
cost of readmission approached $2 billion. Loss of neuroleptic efficacy
accounted for roughly 60 percent of the rehospitalization costs and neuroleptic
noncompiiance for roughly 40 percent. The economic burden due to loss of
efficacy is relatively higher during the first postdischarge year, whereas the
burden from noncompiiance is higher in the second year. Because loss of
medication efficacy and medication noncompliance act. synergistically on
relapse, substantial inpatient cost savings can be realized by linking better
pharmacologic treatments of schizophrenia with more effective strategies to
manage medication noncompliance.
19 of 19
TI: Combined homicide-suicides: a review.
AU: Fe11 hou s-AR: Hempe1-A
AD: Forensic Service Department of Psychiatry and Behavioral Sciences,
University of Texas Medical Branch, Galveston, USA.
-GO: J-Forensic-Sci . 1995 Sep; 40(5): 846-57
LA: ENGLISH
AB: Although the rate of combined homicide-suicides is low compared with that
for suicide alone or homicide, homicide-suicides generate much public concern.
In some cases, the homicide-suicide involves annihilation of an entire family
or multiple non-family members. A difficult phenomenon to study—in part
because the perpetrator is dead—it is, nonetheless, crucial to attempt to
advance our understanding of this tragic phenomenon from a psychiatric view.
This literature review then addresses demographic variables; proposes two
classifications, one based on psychopathology, the other bn the relationship
between offender and victim; and suggests a three dimensional analytical
approach to understanding homicide-suicide: 1) psychopathology and ego deficits
of the perpetrator, 2) cumulative and precipitating stressors, and 3)
motivation and vector of destructive urges against self and the other
victim(s). Finally, some implications for menta1 heaI th clinicians and forensic.
experts are offered. In attempting to understand acts of homicide-suicide,
inquiry into the following dimensions should be useful: Ego Weakness. What type
of mental disorder(s), psychopathology, or personality traits may have
contributed to the homicidal-suicidal behavior? Stressors. What type of acute
and chronic stressors did the individual experience leading up to this act.?
Vectors. Whom did the individual select to kill and why? Were some victims more
clearly primary and others secondary or incidental?
SilverPlatter 3.11
MEDLINE (R) January-August 1994
MEDLINE (R) January-August 1994 usage is subject to the terms and conditions o-F
the Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 3
Marked in Search: #60
TI: Suicide and attempted suicide—a doctor's legal liability.
AU: Korgaonkar—G; Tribe-D
AD: Centre for Legal Studies, University of Hertfordshire.
SO: Br-J-Hosp-Med. 1993 Dec 15-1994 Jan 18; 50(11): 680-1
ISSN: 0007-1064
PY: 1993
LA: ENGLISH
CP: ENGLAND
MESH: Great-Britain: Suicide,-Attempted-legislation-and-jurisprudence
MESH: ^Liability,-Legal; *Malpractice-legis1ation-and-jurisprudence;
*Physicians-legis1ation-and-j urisprudence;
* Suicide-leqislation-and-jurisprudence
TG: Human
PT: JOURNAL-ARTICLE
AN: 94170192
UD: 9406
SilverPlatter 3.11
MEDLINE (R)
1993
MEDLINE (R) 1993 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 4
TI: Suicide in depressed patients: medico-legal issues.
AU: Daly-RJ
AD: Department of Psychiatry, Regional Hospital, Cork, Republic of Ireland.
SO: Br-J-Psychiatry-Suppl. 1993 Jul(20): 29-32
ISSN: 0007-1250
PY: 1993
LA: ENGLISH
CP: ENGLAND
MESH: Depressive-Disorder-economics ; Depressive-Disorder-psychology;
Hospita1-Mortaiity; Risk-Factors; Suicide-psychology;
Suicide.-Attempted-leoislation-and-jurisprudence ; Suicide,-Attempted-psychology
MESH: fcDepressive-Disorder-mortality; ^Liability,-Legal;
iKSuic ide-legislation-and-j urisprudence
TG: Human
PT: JOURNAL-ARTICLE
AN: 93356954
UD: 9311
2 of 4
TI: ESuicide after craniocerebral trauma!
TO: Selbstmord nach Schadelhirntrauma.
AU: Griebnitz-E; Mitterauer-B; Kofler-B
AD: Institut fur Forensische Psychiatric, Universitat Salzburg.
SO: Versicherungsmedizin. 1993 Jun 1; 45(3): 74-9
ISSN: 0933-4548
PY: 1993
LA:. GERMAN: NON-ENGLISH
CP: GERMANY
AB: In the legal judgment of suicidal cases following brain trauma the emphasis
is put on the causality between trauma and suicide on the one hand, and on the
question of free determination of intent, on the other hand. These problems are
investigated empirically In une present, study anu an e.-.pianatwr y muuex oaseu
.
act theory is proposed. At -first, an annual sample o-f suicides in the region o-f
Salzburg is put through a multidimensional diagnosis (suicidal axis
syndrome-Mitterauer 1981). The suicidal axis syndrome consists o-f the following
three components: 1. Suicide attempts in the history 2. Diagnosis of exogenous
or (and) endogenous brain dysfunction 3. Suicide-positive history. Of a total
of 130 exactly interpretable suicide cases there were 16 cases with a brain
trauma followed by an organic brain syndrome in the history. Of these, 11 had
announced their suicidal attempts previously and 4 presented with a
suicide-positive family history. Although the assessment of suicide in the
family history is difficult due to insufficient information, the suicidal axis
syndrome was definitely confirmed in 4 suicide cases. We attempt to show that
at least in those cases with a suicidal axis syndrome, the free determination
of intent is to be negated at the moment of suicide, and that due to the
existing chronic brain syndrome a causality between trauma and suicide seems to
be given in a neuropsychiatric sense.
MESH: Brain-Injuries-psychology; Diagnosis,-Differential; Eng 1ish-Abstract;
Middle-Age; Organic-Mentai-Disorders,-Psychotic-psychology; Suicide-psychology;
Suicide,-Attempted-psychology
MESH: sKBrain—Injur ies-complications; Wrganic-Men tai -Disorders, -Psychotic-
diagnosis ; ^Suicide-leg is lation--and-j urisprudence;
■t Suicide ,-Attempted-legis1ation-and-jurisprudence
TG: Female; Human; Male
PT: JOURNAL-ARTICLE
AN: 93325170
UD: 9310
3 of 4
TI: Suicide pacts.
AU: Vijayakumar-L; Thilothammal-N
AD: VHS in Kotturpuram, Madras, India.
SO: Crisis. 1993; 14(1): 43-6
ISSN: 0227-5910
PY: 1993
LA: ENGLISH
CP: CANADA
AB: Suicide pacts in an Indian population were studied through police records
of the state of Tamul Nadu. A total of 148 suicide pacts, involving 324
persons, were identified. More women died in them than might be expected from
general population figures. Social stressors like financial problems and
marriage-related issues were the principal causes. The results and their
implications are discussed and compared with those obtained in Western and
other Eastern countries.
MESH: Adolescence-; Adult-; Child-; Cross-Sectional-Studies; Incidence-;
India-epidemiology ; Middle-Age; Suicide-1egislation-and-j urisprudence;
Suicide,-Attempted-legistat.ion-and-jurisprudence; Suicide,-Attempted-psychology
MESH: ^Developing-Countries; «Interpersonal-Relations ; ^Suicide-psychology
TG: Female; Human; Male
PT: JOURNAL-ARTICLE
AN: 93279051
UD: 9309
4 of 4
TI: Assessing psychiatric patients' competency to agree to treatment plans.
AU: Galen-KD
AD: Massachusetts Mental Health Center, Harvard Medical School, Boston 02115.
SO: Hosp-Community-Psychiatry. 1993 Apr; 4,4(4): 361-4
ISSN: 0022-1597
PY: 1993
(_A: ENbt_ 1 SH
CP: UNITED-STATES
AB: The issue of therapists' liability -for patients who commit suicide may
depend on whether courts view the suicidal patient as competent to decide to
■follow or not follow an agreed-upon treatment plan. Therapists have not been
found liable for malpractice when courts have viewed a patient's decision not
to seek help when feeling suicidal as being voluntary rather than reflecting
global incompetence due to mental illness. The author offers practical
suggestions, including sets of specific questions, for assessing and
documenting a psychiatric patient's competency to agree to a treatment plan. An
important element of the procedure is direct assessment of the patient's
understanding of the risks of withholding information from caretakers and the
benefits of providing it. Such competency assessments can facilitate clinical
management of patients and can also help reduce the risk of malpractice
liability resulting from patients' suicide.
MESH: Adult-; Patient-Discharge-legislation-and-Jurisprudence ;
Personality-Assessment; Risk-Factors; Seif—Disclosure;
Suicide-prevention-and-control; Suicide-psychology;
Suicide,-Attempted-prevention-and-control; Suicide,-Attempted-psychology ;
United-States
MESH: * Informed-Consent-legislation-and-jurisprudence ; ^Liability,-Legal;
*Mentai-Competency-legislation-and-jurisprudence ;
*Psychiatry-legislation-and-j urisprudence;
Suicide-legislation-and-j urisprudence; * Suicide,-Attempted-legislation-andjurisprudence
TS: Case-Report; Female; Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 93216242
UD: 9307
SilverPlatter 3.11
MEDLINE (R)
1993
MEDLINE (R) 1993 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 2
Marked in Search: #2
TI: Forensic examinations in two cases of alleged dowry deaths.
AU: Baur—JR
AD: State Forensic Science Laboratory, Himachal Pradesh, Shimla, India.
SO: Med—Sci-Law. 1993 Jul; 33(3): 269-72
ISSN: 0025-8024
PY: 1993
LA: ENGLISH
CP: ENGLAND
AB: Two cases of alleged dowry deaths are presented from Haryana State, India.
In each case a young lady died after receiving burn injuries. Forensic
examination unveiled the mysteries of both deaths and helped in apprehending
and prosecuting the culprits. Case 1, allegedly a dowry death, proved to be an
accidental burning and Case 2, stated to be a suicidal death, was proved to be
homicidal.
MESH: Adult-; Blood-Group-Incompatibi1ity-pathology; Blood-Stains;
Mai practice-legislation-and-jurisprudence;
Suicide-legislation-and- jurisprudence
MESH: #Burns-pathology; *Cause-of-Death; ^Developing-Countries;
tPostmortem-Changes
TG: Case-Report; Female; Human
PT: JOURNAL-ARTICLE
AN: 93375858
UD: 9312
2 of 2
Marked in Search: #2
TI: A review and new look at ethical suicide in advanced age.
AU: Carpenter-BD
AD: Department of Psychology, Case Western Reserve University, Cleveland, OH
44106.
SO: Gerontologist. 1993 Jun; 33(3): 359-65
ISSN: 0016-9013
PY: 1993
LA: ENGLISH
CP: UNITED-STATES
AB: Suicide is common in old age, but public opinion remains negative.
Following a review of theories of suicide and a summary of arguments against
suicide, this essay constructs an argument for why the elderly have a unique
claim to an ethical, unobstructed suicide. That claim rests on their
"developmental autonomy," based on the experience and wisdom of the elderly.
MESH: Attitude-to-Health; Human-Development; Internal-External-Control;
Models,-Psychological; Personal-Satisfaction; Philosophy-; Sociology,-Medical;
Suicide-legis1ation-and-jurisprudence; Suicide-prevention-and-control;
Suicide-statistics-and-numerical-data
MESH: iKAged—psychology; ^Ethics-; XcPatient—Advocacy; KSuicide-psychology
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW-LITERATURE
AN: 93314994
UD: 9310
SiIverPlatter 3.11
MEDLINE (R) 1989
MEDLINE (R) 1989 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your.
country and/or by International Convention.
1 of 4
Marked in Search: #10
TI: Right to die—a corollary to the right to live and the right to leave.
ALJ: Hadding-CF
SO: Med-Law. 1989; 7(5): 511-5
ISSN: 0723-1393
PY: 1989
LA: ENGLISH
CP: GERMANY,-WEST
AB: I am going to talk to you on a sinister subject: the question as to whether
there is—or should be—a human right to die, which can be regarded as the
corollary of the most essential human right: the right to life. Pain and
suffering are most useful faculties. They help us to avoid dangers and to treat
injuries. But you could get too much of it. There can be pain without cure and
suffering without limit. If for good reasons people are finding life
unbearable, are they not entitled to put an end to it? I am thinking here of
individuals and their personal problems. I will not deal with suicidal missions
in warfare or terror raids. The prime goal for society is—as I see it—the
benefit of the individual. In otl-fer words, the fundamental aim of public
affairs is the wellbeing of each individual person. There must of course be a
balancing of conflicting interests, but we must never lose sight of the prime
goal.
MESH: Euthanasia-; Human-Rights-legis1ation-and-jurisprudence;
Patient-Advocacy-legis1ation-and-jurisprudence; Right-to-Die-legislation-andj urisprudence; Suicide-legislation-and-j urisprudence
MESH: *Human—Rights ; JftRight—to-Die
TG: Human
PT: JOURNAL-ARTICLE
AN: 89158630
UD: 8906
*
Of 4
Marked in Search: #10
TI: The impact of litigation and court decisions on clinical practice.
AU: Menninger—WW
SO: Bui1-Menninger-Clin. 1989 May; 53(3): 203-14
ISSN: 0025-9284
PY: 1989
LA: ENGLISH
CP: UNITED-STATES
AB: Malpractice litigation has dramatically increased in recent years, posing a
major challenge to psychiatrists and other clinicians. The author reviews the
current legal situation and major court decisions, and then addresses five
categories of litigation specifically affecting psychiatry: (1) patients' acts
of violence; (2) patient suicides; (3) patient injuries that result from
negligent treatment; (4) faulty initiation, process, or termination of
treatment; and (5) liability arising from employer, supervisory, or
consultative relationships. He concludes that a sensitive and effective
relationship between treaters and patients remains the best safeguard against
malpractice litigation.
MESH: United-States
MESH: SMalprac tice-legislation-and-jurisprudence ;
#Psychiatry-legislation-and-j urisprudence ;
tSuicide-legis1ation-and-j urisprudence; *ViolenceTG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 89248174
UD: 8909
3 of 4
Marked in Search: #10
TI: Medico-legal aspects of accidental and non-accidental hanging.
AU: Davison-AM
SO: J—R-Nav-Med-Serv. 1989 Spring; 75(1): 33-6
ISSN: 0035-9033
PY: 1989
LA: ENGLISH
CP: ENGLAND
MESH: Accidents-statistics-and-numerical-data; Adult-;
Constriction,-Pathologic; Methods-; Northern-Ireland;
Suicide-legislation-and-j urisprudence
MESH: CSuicide-statistics-and-numerical-data
TG: Female; Human; Male
PT: JOURNAL-ARTICLE
AN: 90096006
UD: 9004
4 of 4
Marked in Search: #10
TI: Silent suicide in the elderly.
AU: Simon-RI
AD: Georgetown University School of Medicine, Bethesda, MD 20814.
SO: Bui 1—Am—Acad—Psychiatry—Law. 1989; 17(1): 83-95
ISSN: 0091-634X
PY: 1989
LA: ENGLISH
CP: UNITED-STATES
AB: The suicide rate in the United States rises consistently with age. Silent
suicide is defined as the intention, often masked, to kill oneself by
nonviolent means through self-starvation or noncompliance with essential
medical treatment. Silent suicide frequently goes unreuuynxieii because or
undiagnosed depression and the interjection of the personal belief systems of
health-care providers and family members. Elderly individuals committing silent
suicide are often thought to be making rational end of life decisions. However,
the elderly committing silent suicide must be distinguished from terminally ill
patients who refuse further treatment in order not to prolong the act of dying.
The clinical/legal issues surrounding silent suicide will be discussed.
MESH: Aged,-80-and-over; Depressive-Disorder-diagnosis;
Depressive-Disorder-therapy; Forensic-Psychiatry;
Life-Support-Care-legislation-and-jurisprudence; Suicide-psychology;
United-States
MESH: SAged—psychology; fcPatient-Compliance;
*Suicide-legis1ation-and-j urisprudence
TG: Case-Report; Female; Human; Male
PT: JOURNAL-ARTICLE
AN: 89207761
UD: 8908
SilverPlatter 3.11
MEDLINE (R)
1990
MEDLINE (R) 1990 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 3
Marked in Search: #14
TI: Suicide cases in civil law: do the legal tests make sense?
AU: McClung-M
SO: Bui1-Am-Acad-Psychiatry-Law. 1990; 18(4): 365-72
ISSN: 0091-634X
PY: 1990
LA: ENGLISH
CP: UNITED-STATES
AB: The legal 'tests' for suicide liability in negligence and workmen's
compensation law have developed along parallel, but not identical, lines to the
tests for criminal responsibility. Current legal precedent has shifted the
focus from cognitive awareness and irresistible impulse theories to the ability
of a negligent act or injury to cause an abnormal mental state. The courts, in
their variable interpretation of these mental state tests, leave no clear
guidelines for the psychiatric expert asked to address suicidal behavior from
the standpoint of responsibility.
MESH: Expert-Testimony-legislation-and-jurisprudence; Liabi1ity,-Legal;
Workers'-Compensation-legislation-and-jurisprudence
MESH: tCivi 1-Rights-legislation;—andrjurisprudence; * Insanity-Defense;
* Suicide-1eqis1ation-and-j urisprudence
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 91145549
UD: 9106
2 of 3
Marked in Search: #14
TI: Jail suicide and legal redress.
AU: Olivero-JM; Roberts-JB
AD: University of Texas.
SO: Suicide-Life-Threat-Behav. 1990 Summer; 20(2): 138-47
ISSN: 0363-0234
PY: 1990
LA: ENGLISH
CP: UNITED-STATES
AB: Suicide is the leading cause of death in jails. Especially at risk are
pretrial detainees. This paper provides clinicians who serve as consultants to
jails with an overview of legal precedent concerning liability for jail suicide
on the federal appellate, federal district, and state levels. Liability on the
federal level is based upon arl-irins involving deliberate indifference or gross
negligence. A table is provided granting a. summary view o + appe.J. late-ievei
decisions on liability -for jail suicide. Liability on the state level involves
lesser standards of negligence. The paper concludes with several
liability-generating scenarios.
MESH: Civil-Rights-legislation-and-jurisprudence ; Risk-Factors; United-States
MESH: (tPrisons-legislation-and-jurisprudence ;
* Suicide-legis1ation-and-jurisprudence
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 90350158
UD: 9011
3 of 3
Marked in Search: #14
TI: Homicidal parents.
AU: Bourget-D; Bradford-JM
AD: University of Ottawa, Ontario.
SO: Can-J—Psychiatry. 1990 Apr; 35(3): 233-8
ISSN: 0706-7437
PY: 1990 '
LA: ENGLISH
CP: CANADA
AB: This paper describes a series of 13 cases of parents who have killed their
children. A review of the literature suggests that child murder is infrequent
and committed in most instances by the parents. Most attention has been
directed to the universal phenomenon of child abuse. The killing of' a child in
our culture is viewed much more seriously than the killing of a newborn infant,
legally defined as infanticide. Only a few authors have reported on the former,
and their studies tend to demonstrate that a higher proportion of these crimes
are perpetrated by mothers. Homicidal behaviour in parents may also be
associated with common forms of psychiatric disorders and may manifest as the
extended suicide phenomenon (homicide reported with major depressive illness).
Attributes of both parents and the children are also significant factors to be
considered. In a retrospective study the relevant demographic and clinical data
of a series of 13 cases are reviewed. The diagnostic classification using
DSM-III-R is discussed in'detail. A higher incidence of maternal perpetrators
was found and is consistent with previous studies. Exposure to a variety of
psychosocial stresses appears to have been a major factor. Similarly the
suicidal history and behaviour of the subjects is significant. Affective
disorder appears to be an important diagnostic category. Finally, the role of
psychiatric and other social agencies is considered in relation to the murder
of children. A better understanding of this phenomenon is indicated in order to
help us deal with families at risk.
MESH: Adolescence-; Adult-; Aged-; Antisocial-Personality-Disorder-psychology;
Battered-Chi Id-Syndrome; Child-; Child,-Preschool; Infant-; Infant,-Newborn;
Insanity-Defense; Mental-Disorders-psychology; Middle-Age; Risk-Factors;
Suicide-legis1ation-and-jurisprudence
MESH : ((Antisocial-Personal ity-Disorder-diagnosis ;
* Infanticide-legislation-and-j urisprudence; *Mentai-Disorders-diagnosis;
KParents-psychology ; IReferral-and-Consultation-legislation-and-jurisprudence
TG: Female; Human; Male
PT; JOURNAL-ARTICLE
AN: 90254520
UD: 9008
tSuic ideTG: Human
PT: COMMENT; LETTER
AN: 92133713
UD: 9205
SB: AIM
SilverPlatter 3.11
MEDLINE (R) 1992
MEDLINE(R) 1992 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
Silve r Platter 3.11
MEDLINE (R)
1992
MEDLINE (R) 1992 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 1
Marked in Search: #56
TI: Suicide precautions for psychiatric inpatients: a review.
AU: Cheung-P
AD: University of Otago, Mew Zealand.
SO: Aust-N-Z-J-Psychiatry . 1992 Dec; 26(4): 592-8
ISSN: 0004-8674
PY: 1992
LA: ENGLISH
CP: AUSTRALIA
AB: This paper reviews the literature on the assessment and management of
suicide risk of psychiatric inpatients. Even though a large-number of scales
have been developed to assist the prediction of suicide for patients admitted
for suicide ideas and attempts, none of them were designed to predict suicide
in the short term. However the Modified Suicide Intent Scale and the
Hopelessness Scale appear to have the potential to predict immediate suicide
risk. Risk factors associated with specific psychiatric conditions were all
derived retrospectively and their predictive validities have not been
established by prospective studies. Important issues relating to the management
of suicidal inpatients, such as staff-patient relationships, use of constant
observation and medical-legal aspects are reviewed.
MESH: Hospitalization-1egislation-and-jurisprudence; Liability,-Legal;
Personality-Assessment: Recurrence-; Risk-Factors;
Security-Measures-legislation-and-j urisprudence;
Suicide-legis1ation-and-jurisprudence; Suicide-psychology;
Suicide,-Attempted-legis1ation-and-jurisprudence;
Suicide,-Attempted-prevention-and-control; Suicide,-Attempted-psychology
MESH: ^Hospitalization-; ^Security-Measures; *Suicide-prevention-and-c.ontrol
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 93119348
UD: 9304
Si 1verPlatter
11
MEDLINE (R) 1992
MEDLINE (R) 1992 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws o-f your
country and/or by International Convention.
1 o-F 2
Marked in Search: #43
TI: 'Aid-in-dying' and the taking of human life.
AU: Campbel1-CS
AD: Department of Religious Studies, Oregon State University, Corvallis.
SO: J-Med-Ethics. 1992 Sep: 18(3): 128-34
ISSN: 0306-6800
RY: 1992
LA: EN8LISH
CP: ENGLAND
AB: In several US states, the legalisation of euthanasia has become a question
for voters to decide in public referenda. This democratic approach in politics
is consistent with notions of personal autonomy in medicine, but the right of
choice does not mean all choices are morally equal. A presumption against the
taking of human life is embedded in the formative moral traditions of society;
human life does not have absolute value, but we do and should impose a strict
burden of justification for exceptions to the presumption, as exemplified by
the moral criteria invoked to justify self-defence, capital punishment, or just
war. These criteria can illuminate whether another exception should be carved
out for doctor-assisted suicide or active euthanasia. It does not seem, in the
United States at any rate, that all possible alternatives to affirm the control
and dignity of the dying patient and to relieve pain and suffering, short of
taking life, have been exhausted. Moreover, the procedural safeguards built
into many proposals for legalised euthanasia would likely be undone by the
sorry state of the US health care system, with its lack of universal access to
care, chronic cost-containment ills, a litigious climate, and socioeconomic
barriers to care. There remains, however, common ground in the quest for humane
care of the dying.
MESH: Advance-Directives; Hippocratic-Oath ; Morals-;
Physician-Patient-Relations; Social-Support; Social-Values; United-States
MESH: $Attitude-to-Death; KEthics,-Medical;
*Euthanasia-legislation-and-jurisprudence; *Suicide,-Assisted-leqislaticn-andjurisprudence
TG: Human
PT: JOURNAL-ARTICLE
AN: 93020967
UD: 9301
2 of 2
Marked in Search: #43
TI: When a patient commits suicide Eletter; comment]
CM: Comment on: Am J Psychiatry 1991 Jun;148(6):739—43
AU: Pearlman-T
SO: Am-J-Psychiatry. 1992 Feb; 149(2): 282-3
ISSN: 0002-953X
PY: 1992
LA: ENGLISH
CP: UNITED-STATES
MESH: Confidentiality-; Family-Therapy; Forensic-Psychiatry;
Mental-Disorders-psychology; Physician-Patient-Relations;
Suicide-1eqislation-and—jurisprudence
MESH: CMental-Disorders-therapy; *Professional-Family-Relations ; ^Psychiatry-;
"Typus-melancholicus"-personality structure CTellenbachJ seem to become more
often depressive than other people),. This hypothesis should be examined in
further research.
MESH: English-Abstract ; Expert-Testimony-1egis1ation-and-jurisprudence;
Germany-; Insurance,-Life-legis1ation-and-jurisprudence;
Suicide-legislation-and-jurisprudence; Suicide,-Attempted-legislation-andj urisprudence
MESH: SSuicide-psychology; ^Suicide,-Attempted-psychology
TG: Human
FT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 91220568
UD: 9108
SilverPlatter 3.11
MEDLINE (R) 1991
MEDLINE (R) 1991 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 1
Marked in Search: #29
TI: Right to die. freedom of choice, and assisted death: implications for
nurses.
AU a Allen-A
SO: J-Post-Anesth-Nurs.. 1991 Apr; 6(2): 150-1
ISSN: 0883-9433
PY: 1991
LA: ENGLISH
CP: UNITED-STATES
AB: Nurses face many moral, ethical, and legal issues in an environment where
biologic life can be maintained long after cognitive function has ceased.
Highly publicized cases involving the right to die and assisted suicide have
brought attention to the right of self-determination regarding medical
treatment. A brief discussion of these issues is offered and some questions
posed.
MESH: United-States
MESH: ^Ethics,-Nursing; KEuthanasia-legislation-and-jurisprudence;
)kRight-to-Die-legislation-and-jurisprudence;
* Suicide-legislation-and-j urisprudence
TG; Human
PT: JOURNAL-ARTICLE
AN: 91178743
UD: 9107
SB: NURSING
SilverPlatter 3.11
MEDLINE (R) Januarv-Auqust 1994
MEDLINE (R) January-August 1994 usage is subject to the terms and conditions of
the Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 1
Marked in Search: #16
TI: Suicide and attempted suicide—a doctor's legal liability.
AU: Korgaonkar-G; Tribe-D
AD: Centre for Leqal Studies, University of Hertfordshire.
SC: Br—J-Hosp-Med. 1993 Dec 15-1994 Jan 18; 50(11): 680-1
ISSN: 0007-1064
RY: 1993
LA: ENGLISH
CP: ENGLAND
MESH: Great—Britain; Suicide,-Attempted-legislation-and-jurisprudence
MESH: *Liability,-Legal; >KMalpractice-legislation-and-jurisprudence;
*F‘hysicians-legislation-and-j urisprudence;
SSuicide-legislation-and-j urisprudence
TG: Human
PT: JOURNAL-ARTICLE
AN: 94170192
UD: 9406
SilverPlatter 3.11
MEDLINE (R> 1991
MEDLINE (R) 1991 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 2
Marked in Search: #24
TI: CSuicidal behavior and "individual freedom"!
TO: Suizidalitat und "freie Willensbestimmung".
AU: Blankenburg-W
AD: Klinik fur Psychiatrie, Universitat Marburg.
SO: Versicherungsmedizin. 1991 Feb 1; 43(1): 9-13
ISSN: 0933-4548
PY: 1991
LA: GERMAN; NON-ENGLISH
CP: GERMANY
AB: There are two conceptions of suicides: suicide as completion of a
pathological development and suicide as a voluntary, well premeditated rational
act. Between these poles we see a spectrum of various modes in the genesis of
suicidal acts. In its conceptional framework this spectrum is placed on two
different levels which are incommensurable to each other. Suicide as a
pathological event and suicide as a free act (voluntary death) are two aspects,
related to each other in a relationship of mutual concealment. Against the
background of this ambiguity we discuss a discrepancy of two different aspects:
The aspect of the suicide-statistics of private life-insurance-companies and
the conception of suicide in psychiatry. There is stated a higher suicide-rate
among insurants, which we attempt to interpret. Following reasons are to be
discussed: 1. different areas of experience; 2. correlations between traits of
the personality of insurants and traits of the personality of men or women who
later on will commit suicide; 3. a preference of suicides by temptation to
commit suicide in order to get money for the surviving family (we leave
undecided wether primarily planned or secondarily promoted). There might be a
Su i c i d e-1eg i s1a t i on-an d-jurisprudence; ■ Suicide,-Attempted-legis 1
j urisprudence
_______________________ _ _________ __ ________________
MESH : KSuic ide-psyc ho 1 ogy; it Suicide, - Attempted-psychology
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 91220568
UD: 9108
fat
SiIverPlatter 3,11
MEDLINE'(R)
1791
MEDLINE (R) 1.991, usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
Marked in Search: #30
TI: Department of Public Welfare v. Kallinger.
AU: Bourke-LH
SO: Issues-Law-Med.. 1991 Summer; 7(1) : 103-4
ISSN: 8756-8160
PY: 1991
LA: ENGLISH
CP: UNITED-STATES
MESH
;\ $Right-to-Die-legislation-andMESH
ice ; $Suicide,-Attempted-leaislation-and-jurisprude h~re~n
-Refusal t
'
'——————-- TG: Case-Report; Human: Male
PT: LEGAL-BRIEF
AN: 91310422
UD: 9110
SB: NURSING
/
2 of 2
_____________________________________________________ Marked in Search: #30
i.TI : CSuicidal behavior and "individual freedom"]/
TO: Suizidalitat und "freie Wi1lensbestimmung".
AU: Blankenburg-W
AD: Klinik fur Psychiatrie, Universitat Marburg..
SO: Versicherungsmedizin . 1991 Feb 1; 43(1): 9-13
ISSN: 0933-4548
PY: 1991
LA: GERMAN; NON-ENGLISH
CP: GERMANY
AB: There are two conceptions of suicides: suicide as completion of a
pathological development and suicide as a voluntary, well premeditated rational
act. Between these poles we see a spectrum of various modes in the genesis of
suicidal acts. In its conceptional framework this spectrum is placed on two
different levels which are incommensurable to each other. Suicide as a
pathological event and suicide as a free act (voluntary death) are two aspects,
related to each other in a relationship of mutual concealment. Against the
background of this ambiguity we discuss a discrepancy of two different aspects:
The aspect of the suicide-statistics of private life-insurance-companies and
the conception of suicide in psychiatry. There is stated a higher suicide-rate
among insurants, which we attempt to interpret. Following reasons are to be
discussed: 1. different areas of experience; 2. correlations between traits of
the personality of insurants and traits of the personality of men or women who
later on will commit suicide; 3. a preference of suicides by. temptation to
commit suicide in order to get money for the surviving family (we leave
undecided wether primarily planned or secondarily promoted). There might be a
broader interest in the second hypothesis (= people with a
"Typus-melancholicus"-personality structure CTellenbach] seem to become more
often depressive than other people). This hypothesis should be examined in
3i IverPlatter 3.11
MEDLINE (R)
1992
MEDLINE (R) 1992 usage is subject to the terms and conditions of the
Subscription and License Agreement and the applicable Copyright and
intellectual property protection as dictated by the appropriate laws of your
country and/or by International Convention.
1 of 1
TI: Suicide precautions for psychiatric inpatients: a review.
AU: Cheung-P
AD: University of Otago, New Zealand.
SO: Aust-N-Z-J-Psychiatry . 1992 Dec; 26(4): 592-8
ISSN: 0004-8674
PY: 1992
LA: ENGLISH
CP: AUSTRALIA
AB: This paper reviews the literature on the assessment and management of
suicide risk of psychiatric inpatients. Even though a large number of scales
have been developed to assist the prediction of suijcide for patients admitted
for suite ide ideas and attempts, none of them were designed to predict suicide
in the short term. However the Modified Suicide Intent Scale and the
Hopelessness Scale appear to have the potential to predict immediate suicide
risk. Risk factors associated with specific psychiatric conditions were all
derived retrospectively and their predictive validities have not been
established by prospective studies. Important issues relating to the management
of suicidal inpatients, such as staff-patient relationships, use of constant
observation and medical-legal aspects are reviewed.
MESH: Hospitalization-legislation-and-jurisprudence: Liability,-Legal ;
Personality-Assessment; Recurrence-; Risk-Factors;
Security-Measures-legislation-and-j urisprudence;
Suicide—leais1ation-and-jurisprudence; Suicide-psychology;
Suicide,-Attempted-leg islation-and-j urisprudence:
Suicide,-Attempted-preventio n-and-control: Suic ide,-Attempted-psychology
MESH: ^Hospitalization-; ^Security-Measures; #Suicide~preventian-and-control
TG: Human
PT: JOURNAL-ARTICLE; REVIEW; REVIEW,-TUTORIAL
AN: 93119348
UD: 9304
- Media
RF_MH_5_SUDHA.pdf
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