GIAN KAUR V STATE OF PUNJAB [1996 AIR 946]

  GIAN KAUR V STATE OF PUNJAB [1996 AIR 946]

 

Facts of the case : Section 306 punishes anyone who abets the commission of suicide, while Section 309 punishes anyone who attempts to commit suicide. It was argued that, as held in P. Rathinam v. Union of India, the Article 21 right to life includes the right to die. So, a person abetting suicide is merely assisting in the enforcement of Article 21. A five-judge bench of the Supreme Court overruled P. Rathinam. 

Gian Kaur and her husband Harbans Singh were convicted by a Trial Court under Section 306 of the Indian Penal Code. They were sentenced to six years imprisonment and fine of Rs. 2,000/- for abetting the suicide by Ms. Kulwant Kaur.


Decision of the court: It held that P. Rathinam was wrong on the analogy that other fundamental rights include the “right not to” since the right not to speak (going by the illustration P. Rathinam used) is an omission, while a taking a life is an act.

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