Is attempted suicide an offence.

Life is a stage with one entrance but many exits. Among those, suicide is one exit having a long ancestry. In 1968, the World Health Organization defined suicidal act as “the injury with varying degree of lethal intent” and that suicide may be defined as “a suicidal act with fatal outcome”. World Health Organization labeled, suicidal acts with non-fatal outcome as “attempted suicide.” Suicide has been an act of condemnation as well as commendation through the ages. The act of suicide is forbidden by all the religions. In recent times, attempted suicide, though a failed act has gained more importance (than the suicide, a successful act) since it is considered as an offence and is punishable under Section 309, IPC. A lot of conflicting opinions have generated on the desirability of retaining or deleting Section 309 of Indian Penal Code because of some contrasting judgments given by our Courts. Article 21 of the Constitution of India is a provision guaranteeing protection of life and personal liberty and by no stretch of the imagination can extinction of life be read to be included in protection of life.

Consent--its medico legal aspects.

One of the duties of a doctor towards his patients is to obtain consent before any medical examination. Any such examination without prior consent amounts to an assault on the patient. Consent is defined under Indian Contract Act (because Doctor Patient relationship isa contract) as "two or more persons are said to consent when they agree to the same thing in the same sense." Consent may be implied, expressed or informed depending upon the circumstances. But the consent of the patient is not required in situations like medical emergency, for vaccination etc. If the patient is not medically or legally competent to give consent, the consent of the parents or guardians or any person present at the time with the patient can be taken. Any research on a potential subject, removal of organs for transplantation, publication of information obtained during medical examination also require consent of the concerned person.

Is attempted suicide an offence.

Life is a stage with one entrance but many exits. Among those, suicide is one exit having a long ancestry. In 1968,the World Health Organisation defined suicidal act as "the injury with varying degree of lethal intent" and that suicide may be defined as "a suicidal act with fatal outcome". Suicidal acts with non fatal outcome are labeled by World Health Organisation as "attempted suicide." Suicide has been an act of condemnation as well as commendation through the ages. The act of suicide is forbidden in Khoran and the Holy Bible. The common belief among Hindus is that a person who commits suicide will not attain "Moksha" and his Soul will wander around, haunting and tormenting people. In recent times, attempted suicide, though a failed act has gained more importance (than the suicide, a successful act) since it is considered as an offence and is punishable under Section 309 of Indian Penal Code. A lot of conflicting opinions have generated on the desirability of retaining or deleting Section 309 of Indian Penal Code because of some contrasting judgments given by our Courts. Article 21 of the Constitution of India is a provision guaranteeing protection of life and personal liberty and by no stretch of the imagination can extinction of life be read to be included in protection of life. By declaring an attempt to commit suicide a crime, the Indian Penal Code upholds the dignity of human life, because human life is as precious to the State as it is, to its holder and the State can not turn a blind eye to a person in attempting to kill himself. Another set of people are of the opinion that the Section 309 of Indian Penal Code is cruel and irrational because it provides double punishment for a troubled individual whose deep unhappiness had caused him to try and end his life. It is cruel to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide. And also, what is the legal status of individuals who, by virtue of their religion refuse food and fast unto death? In India there are innumerable cases wherein religious ascetics fast to death without State intervening and are not punished though such acts amount to attempt to suicide.

Torture and a doctor.

Modern media today emphasize about on going humanitarian & human rights disasters. The latest torture these days is characterized by adopting technological sophistication that leaves behind few physical traces. Nonetheless, agencies such as Amnesty International have provided convincing proof of applying torture in many countries. ‘The Lancet’ highlights evidence that doctors, physician assistants, nurses, medics at Abu Gharaib assisted in or remained silent in the face of prisoner abuse. Lieutenant Colonel Joe Richard, a spokesman for the Pentagon criticized the Lancet article as a “broad – brushed indictment” based on “allegations” [1]. But if the Medical faculty is able to document the victims in a fair manner they can come out of these allegations. This article is a miniscule contribution to the medical faculty to inculcate awareness about the degrading, inhumane act(s) and how one can go about to curb or eradicate the same.

Medicolegal autopsy--what, why and how.

By the term autopsy means medicolegal autopsy, though there is another one called clinical autopsy. The term is synonymous with postmortem examination. Autopsy is conducted to ascertain the cause of death, manner of death, time since death, to establish the identity of the deceased and so on. As per Mysore Police Manual Order No 1380, a civil surgeon or medical officer or other qualified registered medical person approved by the State Government is entitled to conduct an autopsy. Generally an autopsy is conducted by medical officer concerned on requisition from concerned authority in any unexpected, unexplained, unnatural, suspicious or sudden death. Autopsy is conducted at the body in its entirety and the mutilated body or skeletal remains. After having complied with the medical and legal obligations, eventually the medical officer has to furnish his opinion based on examination findings and investigation results.