Context: According to few reports, one of the most archaic laws that punish attempts to commit suicide Section 309 of the Indian Penal Code (IPC), continues to exist in the statute book and is often misused, contrary to popular perception that it has been repealed.
Previous attempts to repeal section 309 of IPC

• In 1971, the Law Commission in its 42nd Report recommended the repeal of Section 309 IPC. 
• The IPC (Amendment) Bill, 1978, was even passed by Rajya Sabha, but before it could be passed by Lok Sabha, Parliament was dissolved, and the Bill lapsed.
•  ‘Gian Kaur vs State of Punjab’, 1996:A Constitution Bench of the Supreme Court upheld the constitutional validity of Section 309.
• Law Commission 210th Report: It said that an attempt to suicide needed medical and psychiatric care, and not punishment.
• In March 2011, the Supreme Court too recommended to the government that it should consider the feasibility of deleting the section.
• In 2014, replying to a question in Rajya Sabha, the then Minister of State had said the government had decided to drop Section 309 from the IPC after 18 states and 4 Union Territories had backed the recommendation of the Law Commission. 
• However, the matter did not reach its logical conclusion.

About Section 309 IPC

• Anyone who survives an attempted suicide can be booked under Section 309 IPC, which deals with Attempt to commit suicide.
• The law, brought in by the British in the 19th century, reflected the thinking of the time, when killing or attempting to kill oneself was considered a crime against the state, as well as against religion.

Present status of the Section 309

• Contrary to popular perception that it has been repealed, the section continues to exist in the statute book.
• The Mental Healthcare Act (MHCA), 2017 has significantly reduced the scope for the use of Section 309 IPC and made the attempt to commit suicide punishable only as an exception.
• According to the act, the appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

Mental Healthcare Act 2017

• The act defines mental illness as a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs.

Features of the act

• Right to make an Advance Directive: Patient can state on how to be treated or not to be treated for the illness during a mental health situation.
• Right to appoint a Nominated Representative: A person shall have the right to appoint a nominated representative to take on his/her behalf, all health related decisions
• The act envisages the establishment of Central Mental Health Authority and State Mental Health Authority.