Hanging Far Safer And Quicker Than Lethal Injection Or Firing Squad: Centre Tells SC [Read The Counter Affidavit]

Centre says execution by lethal injection can be more barbaric.Stressing that hanging till death is a safer and quick method of execution of death sentence, the Centre has told the Supreme Court that other means such lethal injection or a firing squad can be more barbaric and inhumane furthering the poignancy of prisoner’s apprehensionIt also said death sentence is awarded in the rarest of rare case of abhorrent and barbaric acts and making the execution overly comfortable will bring down its deterrent effect.The Centre has made the submissions in a counter-affidavit filed in response to a PIL by Supreme Court advocate Rishi Malhotra seeking abolition of execution of death sentence by hanging saying the same is not instant and is violative of right to die with dignity.Malhotra had prayed that provisions contained in Section 354(5) CrPC be declared ultra vires the Constitution and in contravention of Article 21 of the Constitution being discriminatory and violative of the Article.He had also prayed that “Right to Die” by a dignified procedure of death de declared a fundamental right as defined under Article 21.The Centre, in its counter, said these were sensitive issues which are exclusively a matter of legislative policy and ought not to be entertained in a PIL.It is to be noted that the mode of execution in India is described in Section 354(5) of the CrPC where in it has been provided when any person is sentenced to death, the sentence will direct that he be hanged by the neck till he is dead.The counter-affidavit referred to the Deena v. Union of India 1983 verdict wherein the Supreme Court had held that Section 354 (5) of CrPC does not violate the guarantee contained in Article 21 of the Constitution and in that case also the court had considered different methods of execution such as electrocution, shooting, lethal injection employed in various jurisdictions around the world and came to the conclusion that hanging stands out as the most suitable mode of execution. Points in favour of death by hanging:The Centre made few points in favour of hanging as a mode of execution saying:*It is easy to assemble, quick and simple.*Free from anything that would unnecessarily sharpen the poignancy of the prisoner’s apprehension.*Quick and certain means to execute death penalty.*Chances of accidents can safely be excluded.*Eliminate the possibility of a lingering death.*Unconsciousness supervenes almost instantaneously after the process is set in motion and death follows.*Avoids to the full extent the chances of strangulation which results on account of too short a drop or of decapitation which results on account of two long a drop and thus consistent with the obligation of the state to ensure that the process of execution is conducted with decency and decorum without involving degradation or brutality of any kind.It said the procedure by which a death sentence has to be executed is dependent upon a variety of factors, such as the economic feasibility, availability of skilled and trained personnel, equipment and resources, rate of botched-up execution etc., which is a matter of legislative policy that does not warrant interference of this court.The counter affidavit said if the prayer of declaring section 354(5) CrPC is held to be unconstitutional, then in the absence of an alternative mode of execution there would be a vacuum in law which would in turn force a moratorium on death sentences with several convicts on death row which is highly undesirable.It also referred to the Law Commission’s 35th report from the year 1967 which concluded that the method of execution of death sentence should be certain, humane, quick and decent but admitted that they were not in a position to come to a firm conclusion as to which of the method satisfied the test as it waited and depended on the progress to be made in the field of science and technology etc. The commission, in its 187th report titled Mode Of Execution Of Death Sentence And Incidental Matters in October 2003, recommended that Section 354 (5) CrPC be amended by providing an alternative mode of execution of death sentence by administrating legal injection until the accused is dead. However, the report failed to consider factors such as medical professionals are unlikely to participate in execution by lethal injection, the possibility of failure of chemical which will be used for such lethal injection has not been factored.Similarly, there are problems of finding the right vein, right doses and other associated complications, the key issue of technical requirement being both hardware and software being available at the jail for conducting this mode of execution has not been taken into account.Dubious distinction of execution by lethal injectionThe Centre also said that the United States of America has been one of the leading countries to have adopted the mode of lethal injections in many of its jurisdiction but since it adoption lethal injection has gained the dubious...

Hanging Far Safer And Quicker Than Lethal Injection Or Firing Squad: Centre Tells SC [Read The Counter Affidavit]

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