Section 325 must go

Published November 24, 2019
The writer is a graduate in healthcare administration.
The writer is a graduate in healthcare administration.

SECTION 325 is a criminal law in the Pakistan Penal Code, 1860, and in effect throughout the country. It states, “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.”

Take a moment to let this sink in. Read each word again, this time more carefully. Introduced in the colonial era, Section 325 criminalises attempted suicide and calls it an “offence”, disregarding the already existing social stigma linked to mental disorders and illnesses.

At a recent seminar held at Aga Khan Uni­versity to commemorate the World Mental Health Day, the expert panel highlighted the fact that Pakistan’s high-risk groups for suicide are different from those in other parts of the world. In Pakistan, young people under the age of 30 are most at risk of attempting suicide.

It is crucial to understand that depression or other mental health disorders are not the only causes of suicidal ideation, ie passive or active thoughts of suicide. There are many other risk factors, such as being unable to cope with financial pressures, academic stresses, dysfunctional relationships and bullying. According to Dr Ayesha Mian, chair of the department of psychiatry at AKU, for every one person who takes their life, there are 10 people actively planning suicide and 100 with suicidal ideation. Thus, repealing Section 325 becomes an extremely relevant step in preventing suicide.

We cannot effectively prevent suicide until it is decriminalised.

This was attempted in 2017, when Senator Karim Ahmed Khawaja moved an amendment bill to decriminalise suicide. But, despite its unanimous adoption by the Senate and Council of Islamic Ideology, it is unfortunate that the bill was later put on the back-burner and not passed by the National Assembly, eventually lapsing at the end of the last government’s tenure. Nevertheless, this effort must be lauded.

Sadly, the issue has not been taken up again since the current government’s tenure began. Despite the fact that, in September 2018, President Arif Alvi called for a 24/7 suicide prevention helpline following the tragic death of a young model, there has been no action taken to realise this suggestion, nor has there been any attempt to pick up the effort to decriminalise suicide where it was left off.

Comprehending the objective of Section 325 is further clouded by the fact that Pakis­tan is one of the signatories to the WHO’s Mental Health Action Plan 2013-20, which places special emphasis on suicide prevention.

It states, “Many people who attempt suicide come from vulnerable and marginalised groups. Moreover, young people and the elderly are among the most susceptible age groups to suicidal ideation and self-harm. Suicide rates tend to be underreported owing to weak surveillance systems, a misattribution of suicide to accidental deaths, as well as its criminalisation in some countries … As there are many risk factors associated with suicide beyond mental disorder, such as chronic pain or acute emotional distress, actions to prevent suicide must not only come from the health sector, but also from other sectors simultaneously.”

The signatories of this action plan have also pledged to develop suicide prevention programmes. But how can the Pakistani healthcare system address the stigma attached to suicide and implement such programmes when most hospitals avoid facing legal liability as a result of Section 325, and are hesitant — sometimes even refuse — to provide physical and mental health interventions in cases of attempted suicide?

While believing firmly in the sanctity of the religious view on suicide, the only right way to prevent suicide in Pakis­tan is by identifying those who are at risk and providing them necessary and app­ro­priate help. This re­­quires tackling the social stigmas atta­ched to suicide, which are only reinforced by its crimi­­­­­­nalisation.

Thus, the legislatures must craft a new law that enforces a comprehensive treatment plan, including urgent, cost-effective and appropriate counselling and rehabilitation programmes. Individuals will only be discharged from this treatment plan once it has been deemed fit by the chosen team of psychiatrists and other medical professionals.

However, is not just hospitals that should incorporate suicide prevention and counselling programmes; employers and educational institutions must also play their role in destigmatising suicide, while maintaining individuals’ confidentiality. This would ensure both, that there are safety nets to mitigate risk factors, and timely intervention and treatment with appropriate care.

As dutiful members of society, all of us must also be cognisant of warning signs from people close to us. Listening compassionately and showing kindness to vulnerable individuals often ease their self-harming thoughts. Guiding them to seek professional help, without judgement, is one of the right approaches to prevention.

The writer is a graduate in healthcare administration.

Published in Dawn, November 24th, 2019

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