Case Study of Decriminalisation in Pakistan - Decriminalise Suicide Worldwide

President Arif Alvi's approval of the Criminal Laws (Amendment) Bill 2022, abolishing the punishment for attempted suicide in Pakistan, signified a crucial step towards addressing mental health and suicide prevention in that country. This case study examines the historical context, legislative reform, advocacy efforts, and the potential impact on policy, mental health acts, crisis support, and the community.

Historical Context:

Pakistan's approach to suicide has been influenced by colonial-era laws, particularly Section 325 of the Pakistan Penal Code, 1860, which penalised suicide attempts with imprisonment, fines, or both. This punitive stance, based on Victoria era legal frameworks, perpetuated stigma around mental health issues and discouraged individuals from seeking help.

The Legislative Reform:

The Criminal Laws (Amendment) Bill 2022, introduced by Senator Shahadat Awan of the Pakistan Peoples Party, was passed by the Senate in May and later by the National Assembly without amendments in October. This legislative change repeals Section 325 of the Pakistan Penal Code, decriminalising suicide attempts.

“Despite the crucial nature of the act of suicide and reasons behind it, Pakistan Penal Code vide section 325, incriminates the person committing it and prescribes the sentence of simple imprisonment for a term which may extend to one year, or with fine, or with both. Additionally, punishment is meant to create deterrence for a healthy person, not for a mentally disturbed individual.” - Senator Shahadat Awan.

Advocacy and Stakeholders – the Movement for Change:

The decriminalisation of suicide in Pakistan was not an isolated event but rather the result of concerted efforts by various stakeholders and advocacy groups. These entities played a pivotal role in raising awareness about the necessity of this reform and in driving legislative change. These stakeholders included:

Mental Health Advocacy Groups: Mental health advocacy groups, both local and international, were at the forefront of the movement to decriminalise suicide in Pakistan. They tirelessly campaigned for changing public perceptions around mental health and the need to treat suicide as a mental health issue rather than a criminal act. These groups provided resources, conducted research, and engaged in public awareness campaigns to destigmatise mental health challenges.
Senator Shahadat Awan and Supporters: Senator Shahadat Awan of the Pakistan Peoples Party played a crucial role in introducing the Criminal Laws (Amendment) Bill 2022 in the Senate. His leadership and dedication to the cause of decriminalising suicide attempts were instrumental in driving this legislative reform. He received support from fellow senators and lawmakers who recognised the importance of this change.
International Health Organisations: International organisations, such as the World Health Organization (WHO), have been advocating for suicide prevention on a global scale. Their research and data on suicide rates, as well as evidence-based approaches to suicide prevention, influenced the discourse in Pakistan. Their support and expertise contributed to the understanding of suicide as a public health issue.
Civil Society and Grassroots Movements: Civil society organisations and grassroots movements were active in generating awareness and support for decriminalisation. They organised rallies, seminars, and workshops to engage the public and policymakers in discussions about mental health and suicide prevention. These movements often included survivors of suicide attempts and their families, whose personal stories humanised the issue.
Medical and Mental Health Professionals: Doctors, psychiatrists, psychologists, and mental health professionals lent their expertise to highlight the medical and psychological aspects of suicide. They emphasised that suicide attempts are often driven by underlying mental health conditions that require treatment and support. These professionals have also called for more accessible mental health services.
Legal Experts and Human Rights Organisations: Legal experts and human rights organisations examined the legal implications of criminalising suicide and advocating for human rights principles. They argued that treating individuals who attempt suicide as criminals is a violation of their rights and counterproductive in addressing mental health challenges. Their legal analysis added weight to the movement for decriminalisation.
Government Officials and Lawmakers: Progressive lawmakers and government officials who supported the amendment recognsed the importance of aligning Pakistan's laws with modern understandings of mental health. Their role in endorsing and passing the legislation reflects a commitment to a more compassionate and humane approach to individuals facing mental health crises.

Collectively, these stakeholders worked in tandem to create a conducive environment for the decriminalisation of suicide attempts in Pakistan. Their collaboration and advocacy efforts helped dismantle the legal barriers that had long hindered individuals from seeking help and support during times of mental distress.

The Onflow Effect of Change:

Policy Implications: Decriminalisation reshaped policy perspectives by shifting the focus from punishment to mental health support. It encouraged a compassionate approach to individuals facing mental health challenges.

Mental Health Acts: The reform had implications for mental health acts in Pakistan, aiming to reduce stigma associated with seeking help and foster a more inclusive mental health landscape.

Crisis Support: Removing punitive measures opened the door to the development of more comprehensive crisis support systems and resources, ensuring timely intervention for those in need.

Community Transformation: Decriminalisation represented a broader societal shift towards understanding and empathising with mental health issues. It aimed to reduce stigma and encourage individuals to seek help when required.

Pakistan's decision to decriminalise suicide attempts marks a pivotal moment in its approach to mental health and suicide prevention. This legislative reform not only eliminates colonial-era laws but also demonstrates a commitment to prioritising mental health support over punishment. By fostering a more compassionate environment, Pakistan seeks to reduce stigma, promote help-seeking behaviour, and build a more robust mental health support network.

The decriminalisation of suicide attempts is expected to have a positive impact on mental health policy, encouraging the development of crisis support systems and better access to mental health resources. It signifies a step towards a more inclusive and empathetic society that prioritises mental well-being.

However, decriminalisation alone may not be sufficient to address Pakistan's suicide crisis. Comprehensive healthcare programs, stigma reduction, and greater understanding of mental health issues are crucial components of suicide prevention. The collaboration between mental health providers and legal systems, along with improved access to psychiatric services, is vital in creating a more supportive environment for those facing mental health challenges.

Pakistan's journey towards decriminalisation opens the door to a broader conversation about mental health awareness and support, ultimately contributing to a more resilient and empathetic society.