ISLAMABAD: The Pakistan Psychiatric Society has filed an appeal before the Shariat Appellate Bench of the Supreme Court of Pakistan. The appeal challenges a ruling on the decriminalisation of attempted suicide.
Challenge to FSC ruling
The appeal targets the May 18 judgement of the Federal Shariat Court. The court had declared the decriminalisation of suicide attempts un-Islamic. It also struck down parts of the Criminal Laws (Amendment) Act, 2022. This restored Section 325 of the Pakistan Penal Code.
Legal filing details
The petition was filed under Article 203-F(2B) of the Constitution. Advocate Barrister Muhammad Mumtaz Ali submitted it on behalf of the PPS. The society has asked the Shariat Appellate Bench to set aside the FSC judgement.
Religious interpretation
The appeal argues that Islamic texts do not mandate punishment for suicide attempts. It says the Holy Quran and Sunnah prohibit suicide. However, they do not prescribe a worldly penalty for failed attempts.
The PPS also stressed a key distinction. Suicide remains a major sin in Islam. But criminal punishment is not explicitly required by religious law.
Public health concerns
The petition warns that criminalisation can harm mental health care access. It says people may avoid hospitals due to fear of prosecution. This can delay treatment for vulnerable individuals.
The appeal links suicidal behaviour to mental health conditions. It also cites trauma, abuse and financial stress. It argues that treatment is more effective than punishment.
Existing legal framework
The petition refers to Section 84 of the PPC. It says this already covers mental incapacity cases. It also notes that no juristic consensus requires criminalisation.
The PPS argues that the FSC ruling harms rehabilitation goals. It also says it weakens dignity and public welfare protections.
Other legal remedies
The appeal says abetment issues can be handled separately. It mentions the Prevention of Electronic Crimes Act, 2016. It argues that existing laws already address such concerns.
