Case – Gian Kaur v. State of Punjab, 1996
Fact
Gian Kaur and her husband Harbans Singh were convicted by the Trial Court under Section 306, IPC and each sentenced to six years rigorous imprisonment and fine of Rs. 2,000/-, or, in default, further rigorous imprisonment for nine months, for abetting the commission of suicide by Kulwant Kaur. On appeal to the High Court, the conviction of both has been maintained but the sentence of Gian Kaur alone has been reduced to rigorous imprisonment for three years.
The first argument advanced to challenge the constitutional validity of Section 306 rests on the decision in P. Rathinam v. Union of India by a Bench of two learned Judges of this Court wherein Section 309 has been held to be unconstitutional as violative of article 21 of’ the Constitution. It is urged that right to die being included in Article 21 of the Constitution as held in P. Rathinam declaring Section 309 to be unconstitutional, any person abetting the commission of suicide by another is merely assisting in the enforcement of the fundamental right under article 21 and, therefore, section 306 penalizing assisted suicide is equally violative of Article 21.
Issue
Whether 306 of IPC is constitutionally valid?
Contentions & Judgement:
- To give meaning and content to the word ‘life’ in Article 21, it has been construed as life with human dignity. Any aspect of life which makes it dignified may be read into it but not that which extinguishes it and is, therefore, inconsistent with the continued existence of life resulting in effacing the right itself. The ‘right to die’, if any, is inherently inconsistent with the ‘right to life’ as is ‘death with life’.
- ‘Right to life’ is a natural right embodied in Article 21 but suicide is an unnatural termination or extinction of life and, therefore, incompatible and inconsistent with the concept of ‘right to life’.
- Article 21 is a provision guaranteeing “protection of life and personal liberty” and by no stretch of imagination can extinction of life be read to be included in the protection of life.
- In certain other jurisdictions, even though attempt to commit suicide is not a penal offence, yet the abettor is made punishable. The provision there, provides for the punishment of abetment of suicide as well as abetment of attempt to commit suicide. Thus, even where the punishment for attempt to commit suicide is not considered desirable, its abetment is made a penal offence. In other words, assisted suicide and assisted attempt to commit suicide are made punishable for cogent reasons in the interest of society.
- Supreme Court held that Section 306 and Section 309 both are constitutional, and they are not violating Article 21. P. Ratthinam Case was overruled by the Constitutional Bench.
