The dictionary definition of "abetment" is: To approve, encourage, and support (an action or a plan of action); urge and help on.
Abetment to Suicide is a crime under Indian law. The law states:
"306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. "
Indian courts and police have been routinely arresting and prosecuting people under this law when all they did was do something which caused another person a lot of agony - enough agony to commit suicide. A husband having an affair, a boss transferring an official, a father refusing the demands of his son, a teacher failing a student, etc. are all situations in which the person at the receiving end can undergo an emotional upheaval. If the upheaval cannot be contained by the person's inner or outer support systems, a grave outcome might result. Such a person might harm himself or harm others.
But it is clear (to me at least) that doing "something" that another person strongly dislikes should not be a crime. Even if the dislike is so strong that it leads to a suicide. If that "something" is a crime in its own right (e.g. nepotism, theft, rape) then there are enough laws to prosecute the person for that act.
But to prosecute a person because his acts pushed someone to kill themselves is a travesty. Because emotional immaturity of one person should not be held against another. Because otherwise, to indulge in something unpopular or offensive (not criminal per se) would be fraught with danger. Because otherwise, any act can result in a person being jailed.
Suppose a woman has two lovers. She ultimately decides to marry one of them. The other man falls into depression and commits suicide. No person in their right mind would criminalize the choice made by the woman. But how is this situation significantly different from a husband who has an affair which pushes his wife into depression and suicide?
A non-criminal act which is not intended to hurt anyone but which ends up being unacceptable to someone does not thereby become a crime. The law cannot be subject to emotion.
Emotional agitation of others must not be a factor in criminalizing someone. We call a region a "police state" when people live in fear of being randomly prosecuted because someone in power disliked them. Similar is this kind of "abetment state" where you have to be careful lest someone harm themselves because they felt bad about something you did.
Abetment of suicide must only mean a situation wherein a person actively encouraged someone to kill themselves, or helped them with the means for ending their life. Merely doing something offensive is not the same thing.
I wish Indian courts and the Indian police understood this.
Abetment to Suicide is a crime under Indian law. The law states:
"306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. "
Indian courts and police have been routinely arresting and prosecuting people under this law when all they did was do something which caused another person a lot of agony - enough agony to commit suicide. A husband having an affair, a boss transferring an official, a father refusing the demands of his son, a teacher failing a student, etc. are all situations in which the person at the receiving end can undergo an emotional upheaval. If the upheaval cannot be contained by the person's inner or outer support systems, a grave outcome might result. Such a person might harm himself or harm others.
But it is clear (to me at least) that doing "something" that another person strongly dislikes should not be a crime. Even if the dislike is so strong that it leads to a suicide. If that "something" is a crime in its own right (e.g. nepotism, theft, rape) then there are enough laws to prosecute the person for that act.
But to prosecute a person because his acts pushed someone to kill themselves is a travesty. Because emotional immaturity of one person should not be held against another. Because otherwise, to indulge in something unpopular or offensive (not criminal per se) would be fraught with danger. Because otherwise, any act can result in a person being jailed.
Suppose a woman has two lovers. She ultimately decides to marry one of them. The other man falls into depression and commits suicide. No person in their right mind would criminalize the choice made by the woman. But how is this situation significantly different from a husband who has an affair which pushes his wife into depression and suicide?
A non-criminal act which is not intended to hurt anyone but which ends up being unacceptable to someone does not thereby become a crime. The law cannot be subject to emotion.
Emotional agitation of others must not be a factor in criminalizing someone. We call a region a "police state" when people live in fear of being randomly prosecuted because someone in power disliked them. Similar is this kind of "abetment state" where you have to be careful lest someone harm themselves because they felt bad about something you did.
Abetment of suicide must only mean a situation wherein a person actively encouraged someone to kill themselves, or helped them with the means for ending their life. Merely doing something offensive is not the same thing.
I wish Indian courts and the Indian police understood this.