Federal Shariat Court strikes down 2022 legislation decriminalising suicide attempts

“ISLAMABAD: The Federal Shariat Court (FSC) on Monday declared the decriminalisation of suicide attempts un-Islamic and struck down the 2022 legislation through which it had been omitted from the Pakistan Penal Code. A three-member bench comprising Chief Justice Iqbal Hameedur Rehman, Justice Syed Muhammad Anwar and Justice Amir Khan announced the reserved verdict on two separate petitions challenging the amendments introduced through the Criminal Laws (Amendment) Act, 2022. The petitions were pursued by Advocates Hammad Hassan Dar and Azam Malik. The court declared the relevant provisions of the 2022 law repugnant to the injunctions of Islam and consequently void. Through the impugned legislation, parliament had omitted Section 325 of the Pakistan Penal Code, which had criminalised the attempt to commit suicide. With the judgement, the deleted provision of the penal code stands restored. According to the short order, the FSC held that the state has the authority under Islamic injunctions to prohibit and penalise acts that endanger human life, including attempted suicide. The court observed that Islam unequivocally prohibits suicide and emphasises the sanctity and protection of human life. It further noted that removing criminal liability for attempted suicide was inconsistent with the constitutional obligation requiring all laws to conform to Islamic injunctions. The bench accepted both petitions and directed that the omission of Section 325 of the PPC through the 2022 amendment would have no legal effect following the judgement. Prior to the 2022 amendment, Section 325 prescribed simple imprisonment or a fine for a person who attempted suicide. The provision had been repealed as part of broader criminal law reforms aimed at treating suicide attempts as a mental health issue rather than a criminal offence.

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