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Death by Hanging

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January 10, 2018

Why in news?

The Centre had told the Supreme Court that executing a death row convict by hanging was the most viable method.

What was the petition?

  • A PIL had sought quashing of section 354(5) of the Criminal Procedure Code which specifies execution by hanging.
  • The plea had referred to a Report of the Law Commission advocating removal of the present mode of execution from the statute.
  • It has also referred to Article 21 (Right to Life) of the Constitution.
  • It stressed that Art 21 included the right of a condemned prisoner to have a dignified mode of execution so that death becomes less painful.
  • This means the right to a dignified life up to the point of death including a dignified procedure of death.
  • The PIL had also listed intravenous lethal injection, shooting, electrocution or gas chamber as other viable options in which death is just a matter of minutes.
  • It noted that the present practice of executing a death row convict by hanging involves prolonged pain and suffering.
  • Notably, in hanging, the entire execution process takes over 40 minutes to declare a prisoner dead.

What was the SC's directive?

  • The Supreme Court had earlier adjourned the plea seeking abolition of executing a death row convict by hanging.
  • The SC had further urged the parliament to consider amending the Criminal Procedure Code to change the mode of execution to make death less painful.
  • It also asked the Centre to appraise it about the various modes of executing death row prisoners prevalent in other countries.
  • The court also made it clear that it is not questioning the constitutionality of death penalty but only the mode of execution.

What is the Centre's response?

  • The Centre has said that there is no viable method at present other than hanging to execute condemned prisoners.
  • It noted that they had tested lethal injections, but it was not workable as there are instances of it failing.

 

Source: The Hindu

 

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