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Federal Shariat Court Accepts Plea Challenging Decriminalization of Suicide in Pakistan

ISLAMABAD: The Federal Shariat Court (FSC) has accepted a plea for a hearing that seeks to overturn an amendment to the Criminal Laws Act, which decriminalized suicide and suicide attempts.

In December of the previous year, President Dr. Arif Alvi approved the Criminal Laws (Amendment) Act 2022. It repealed Section 325 (attempt to commit suicide) of the Pakistan Penal Code, 1860.

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Senator Shahadat Awan introduced the bill for this amendment in September 2021. The Senate passed it in May 2022, followed by approval in the National Assembly in October 2022.

Under Section 325, attempting suicide or any related acts are subject to punishment, as per the law. This punishment may include simple imprisonment for a term that can extend to one year, a fine, or both.

Advocate Hammad Saeed Dar has challenged this legal amendment in a petition filed with the FSC. He has contended that it goes against the teachings of the Holy Quran and Sunnah (traditions of the Prophet Muhammad).

The argument presented in the petition asserts that it is the state’s duty to protect its citizens’ lives, and the aim of Section 325 was to discourage suicide attempts. Therefore, the act of decriminalizing suicide is perceived as conflicting with Islamic teachings.

The petition has requested the declaration of the Criminal Laws (Amendment) Act 2022 as “repugnant” to the injunctions of the Holy Quran and Sunnah.

The respondents in the plea include the Federation of Pakistan through the president, the Government of Pakistan through the prime minister, and the law ministry through its secretary.

The court issued a written order on the plea, indicating that a preliminary hearing took place on Tuesday. It concluded that the petition should proceed to a regular hearing. The court ordered to issuing of notices to the respondents.

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