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P. Rathinam v. Union of India

P. Rathinam v. Union of India

DATE OF JUDGMENT: 26/04/1994

COURT: Supreme Court of India

JUDGES:    Hansaria B.L. and Sahai R.M

REFERENCE: 1994 AIR 1844

PARTIES

Petitioner: P.Rathinam

Respondent: Union of India

SUBJECT: The judgment revolves around the question of whether right to die is a part of Article 21 of the Indian Constitution?

FACTS: Due to the existence of same question of law the Court combined two petitions to decide the constitutional validity of section 309 IPC. The petition was preferred by the petitioner when one Mr. Nagbhushan was charged under section 309 IPC.

IMPORTANT PROVISIONS:

The Indian Constitution:

ISSUES:

1. Whether section 309 of the Indian Penal Code is constitutionally valid?

ANALYSIS OF THE JUDGEMENT:

The petitioner contended that,

The respondent contended that, suicide is against public morality. Permitting such act is against the principles of sanctity of life. Article 21 includes only positive aspects of life and does not include a negative aspect within its scope.

Upon hearing the parties, the Court held section 309 IPC to be constitutionally invalid in order to humanise the penal laws in our Country. The Court further stated that, such provisions are cruel and irrational provision, and it may result in punishing a person again who has suffered agony and would be undergoing ignominy because of his failure to commit suicide. Suicide does not affect public morality or sanctity of life. It does not harm the society at large therefore the interference of the State in such matters affects the personal liberty of the individual under Article 21 and hence it stands unconstitutional.

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