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Death By Hanging Not Barbaric: Centre To SC

Published on 25 Apr 2018 by Shivi

A PIL was filed by an advocate with the Supreme Court of India to abolish execution by hanging in case of a death sentence and declare the right to die by a dignified procedure a fundamental right under Article 21 of the Indian Constitution.

Section 345(4) of the Criminal Procedure Code lays down the manner of a death sentence as the hanging of the convict by the neck till death. The advocate stated that the method of execution is barbaric, inhuman and cruel. It is also against the Resolutions adopted by the United Nations Economic & Social Council.

A 2-judge bench comprising of Chief Justice Dipak Misra, A.M. Khanwilkar and Justice D.Y. Chandrachud sought a reply from the Centre. In reply to the petition, the Centre has asked the apex court not to entertain the PIL. The Centre has expressed concern over the sensitivity of the matter and stated it as a matter of legislative policy.

The Centre has also stated that hanging by the neck is a safe and quick method and making the execution “overly comfortable” would bring down the deterrent effect of a death sentence.

The apex court also expressed that other methods of execution were also considered, like an electric chair, firing squad and lethal injection, but chances of an accident are high in such methods.

The Centre also said the Law Commission Report which favoured lethal injection did not consider the possible unwillingness of medical professionals to participate in an execution or problems associated with finding the right vein, right dosage and other such difficulties.



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