Section 309: Right to live vs Right to die

The Indian government had broached the subject of deleting the provision in the 1970s. In 1987, the Bombay High Court held that the right to life guaranteed by the Constitution includes the right to live and the right to end one's life, and struck down Sec 309. The SC upheld the view in 1994.u00a0But in 1996 a five-judgeu00a0

SC bench held that the fundamental right to life did not include the right to die, and that Sec 309 was constitutionally valid. That remains the law today.u00a0But a law commission report recommendedu00a0the decriminalisation of Sec 309 in 2008. "It is unreasonable to inflict punishment upon a person who, on account of discord, destitution, loss of a dear relation, or other cause of a like nature... decides to take his own life. In such a case, the unfortunate person deserves sympathy, counselling, and treatment, and certainly not prison."u00a0