In recent years, the debate surrounding the criminalization of suicide has gained significant traction. Advocates argue that treating suicide as a crime deters individuals from taking their own lives, while critics contend that it raises important ethical questions and may not be an effective approach to addressing the complex issue of mental health and suicide prevention. This blog is dedicated to exploring whether criminalizing suicide is a viable and morally justifiable solution in the fight against this global mental health crisis.
Is suicide still considered a crime in most places, and what are the penalties for attempting it? How do laws regarding suicide impact mental health support-seeking behaviors, and do they deter or encourage help-seeking? Are there legal alternatives to criminalization, such as involuntary commitment, and how do they intersect with euthanasia laws? What ethical concerns surround the criminalization of suicide, and does it effectively address mental health issues? Should suicide be decriminalized based on human rights and autonomy arguments?
Jurisprudential Standpoint
Historically, mental illness was often misunderstood as a result of evil spirits, compounding stigma. The highlight of the evolving views on suicide and attempted suicide, particularly within the context of religion, legal systems, and ethics is how religious traditions and historical legal approaches in the West initially considered suicide a sin and a crime, but with the Enlightenment, the perception shifted towards viewing suicide as a result of psychological illness rather than a crime. The growing recognition of personal autonomy and human rights also has led to the acceptance of medically assisted suicide and euthanasia in certain circumstances. There is an ongoing tension between individual autonomy and the state's interest in preserving lives, as evidenced by various suicide prevention and mental health strategies and means restriction measures.
Across major religious traditions, suicide is considered a sin and a violation of God's will. Judeo-Christian beliefs strongly condemn suicide, leading to its criminalization in the West, often resulting in property forfeiture to the government.
In contrast, Hinduism and Buddhism disapprove of suicide but permit certain religious or altruistic forms under specific circumstances. The Western perspective on suicide shifted during the Enlightenment, moving from criminalization to a recognition of it as a result of psychological illness, emphasizing support and assistance for survivors. Additionally, evolving views on personal autonomy and human rights have paved the way for medically assisted suicide and euthanasia in limited contexts, even as states continue to prioritize suicide prevention and mental health strategies.
Criminal Liability for the Attempt and Abetment of Suicide
The legal status of suicide and attempted suicide in various countries, including the decriminalization of suicide in some places, the continued criminalization of abetting suicide, and the impact of these laws on suicide rates and stigma have been very relevant in the global legal arena. The recent addition in India's approach to suicide and the coexistence of laws that both criminalize and provide mental health support for suicide attempters in the country is worth mentioning.
In four countries - the Bahamas, Bangladesh, Guyana, and Kenya - the will of those who committed suicide may not be recognized. While some countries still have laws criminalizing attempted suicide, they often don't enforce prosecution or penalties for suicide attempts.
Additionally, aiding and abetting suicide remains a criminal offense in many countries, even after decriminalizing suicide itself. This legislation is aimed at protecting vulnerable individuals, and the United Nations recommends criminalizing acts that intentionally advise, encourage, or assist others in suicide. Some neighboring countries, such as Bangladesh, Pakistan, and Malaysia, still criminalize attempted suicide, while the status of suicide laws in India remains ambiguous. Although India's Mental Healthcare Act of 2017 suggests a more compassionate approach, the Indian Penal Code still criminalizes suicide attempts.
Problems Created by Stigmatisation
Reducing the global suicide rate is essential for achieving Sustainable Development Goals (SDGs), with a focus on target 3.4 related to suicide prevention. However, progress is hindered by the stigma surrounding suicide, which leads to underreporting, challenges in data collection, and a lack of political commitment to comprehensive suicide prevention strategies. Factors such as the quality of suicide data, reluctance among officials and families to report suicide, and the associated stigma of mental illness further compound the issue. The World Health Organization (WHO) notes poor suicide data quality globally, largely due to suppression by officials and stigma.
In Nepal, despite not criminalizing attempted suicide, the fear of police involvement and stigma deters individuals from seeking help and reporting suicides, exacerbating the problem and hindering support for survivors.
Effectiveness of Criminalization of Suicide
The criminalization of suicide is generally counterproductive, as it doesn't effectively deter people from taking their own lives, as noted by Sarah Kline, co-founder of United for Global Mental Health. Instead, it often deters individuals from seeking help during moments of crisis and receiving necessary mental health support. Studies show that, on average, countries without criminalization experienced a greater decrease in suicide rates over a 20-year period. Countries punishing suicide attempts do not necessarily have lower suicide rates, and the threat of incarceration or fines doesn't seem to prevent suicides.
Research shows mixed effects: suicide rates increased after decriminalization in Canada and Ireland but decreased in Sri Lanka after 1996. Based on 2019 WHO data, countries criminalizing suicide show a wide range of suicide rates, from 2.5 (Brunei) to 40.9 (Guyana) per 100,000. Seven of these countries, covering 387.3 million people, have rates above the global average, mainly in Africa. Thirteen others have rates between 2.5 and 8.2. Overall, countries criminalizing suicide had lower mean scores but greater annual percentage decreases in suicide rates over 20 years compared to those without such laws.
Nepalese Context
In Nepal, there's a widespread belief that attempting suicide is a criminal act, even though this has never been the case. Data on suicide deaths in Nepal is managed by three different authorities: health, administration, and police. However, due to the lack of a centralised reporting system, police data is the most widely accessible and is often used in media reports. While there have been proposals for mental health legislation and a Suicide Prevention strategy, they have never been officially adopted. In response to the Sustainable Development Goals, the Government of Nepal's National Planning Commission has committed to reducing suicide mortality by 2030 and has tasked the Ministry of Home Affairs with annual reporting responsibilities.
Regarding suicide methods in Nepal, records show that hanging and poisoning are the most commonly used methods. Although attempted suicide was never legally criminalized in Nepal, there's a perception that it carries criminal consequences. Nepal's new Criminal Code of 2017 does, however, criminalize the abetment of suicide under Section 185, stating that no one should incite or create conditions that compel someone to commit suicide. Violation of this law can result in a five-year jail sentence and a fine of Rs 50,000 (approximately $405 USD).
In various cases, the Supreme Court of Nepal has ruled on suicide-related issues. For example, in the case of Binay Manandhar vs Government of Nepal, a victim took her own life after suffering domestic violence. However, there was no legal basis to prosecute the accused once the victim had died. Similarly, in the case of Government of Nepal vs Murari Dhamala et al, the victim experienced domestic violence and psychological torment, but after her death, legal grounds to prosecute her husband for domestic violence were limited. These cases underscored the need for the introduction of the new law criminalizing the abetment of suicide.
Conclusion
To meet the Sustainable Development Goal of a 30% reduction in suicide rates by 2030, both global governments and Nepal specifically must take immediate steps. These actions involve enhancing suicide data collection, combating stigma, promoting cross-sector collaboration, establishing clear reporting protocols, and embracing suicide prevention strategies. Furthermore, it stresses the importance of regarding suicide as a societal and public health concern, particularly in countries where attempted suicide remains criminalized.
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