HYDERABAD: Nirbhaya's killers will not be allowed to see the gallows prepared for them and their relatives will also not be allowed to see them hang when the executions are carried out. But hangings in India, however, provide an opportunity to conduct psychological studies.
The "Model prison manual for the superintendence and management of prisons in India" prepared by the Bureau of Police Research and Development (BPR&D), ministry of home affairs, government of India in 2003 deals with the issue of 'Prisoners sentenced to death' in chapter X1.
A prisoner condemned to death will have to be put in a separate cell and a 24-hour watch has to be kept on them. That is for security purposes, just so that the prisoner does not escape or resorts to suicide. However, according to the manual in provision No. 11.22 the "assistant superintendent in charge should, every day, record his observations of a prisoner sentenced to death".
"Such record may prove useful for psychological study and research purposes," the provision says.
At the time the execution is carried out, the jail superintendent, deputy superintendent, assistant superintendent in charge and medical officer will be present, apart from an executive magistrate deputed by the district magistrate. "If the prisoner so desires, a priest of his faith may be allowed at the discretion of the superintendent to be at the place of execution, saubject to the requirements of security and prison discipline," according to provision 11.55.
Relatives of the death convict will also not be allowed to witness the execution. Inmates of the prison will also not be allowed to see how the execution is carried out. In fact, prisoners of all categories will have to be kept locked up until the execution is over.
Interestingly, according to the manual in provision 11.56, "The superintendent may, however, permit social scientists, psychologists, psychiatrists, who are conducting research, to be present." The liberty to allow them rests with the superintendent. "The superintendent's discretion shall prevail in the matters relating to the grant of permission to witness the execution. As a matter of general policy, other persons shall not be permitted to be present," the provision says.
In rules pertaining to the execution, even the death row convict should not be allowed to see the gallows. "A cotton cap with flap shall be put on the prisoner's face just before he enters the gallows-enclosures," the provision says.
There were celebrations everywhere in the country when on September 13, 2013 a fast track court pronounced the death sentence for four convicts in the Nirbhaya rape and murder case. Gym instructor Vinay Sharma (20), fruit seller Pawan Gupta (19), bus cleaner Akshay Singh Thakur (28) and Mukesh Singh (26) lodged in Tihar jail in Delhi will have to hang to death.
The enraged public eagerly waiting for the executions of the four will have to hold their patience until the death sentence is carried out. The process will take time. And interestingly, prison authorities themselves will have to assist death convicts, as a matter of duty, to help them appeal in the higher courts against the death verdict. They also have to help them write petitions for mercy.
Source: The Times of India, September 19, 2013
Delhi gang rape death row convicts to pursue studies in Tihar jail
New Delhi: Two of the four death row convicts in the December 16 gangrape case were today allowed to pursue their studies in Tihar Jail by a Delhi court after they contended that the right to education is a fundamental right.
Vinay Sharma and Akshay Singh Thakur, who along with Mukesh and Pawan Gupta are also facing trial in a separate robbery case, had moved an application before Additional Sessions Judge Daya Prakash, saying they want to study in jail as per the facility provided there by Delhi University (DU).
Advocate A P Singh, appearing for Vinay and Akshay, told the court that Vinay was studying in BA first year from DU at the time of his arrest in the December 16 gangrape case and he could not appear for examination in one of his papers. Regarding Akshay, he said that his client also wants to study in jail as per the laid down schedule.
"The right to education is a fundamental right of any accused or convict as provided by the Constitution of India and process, system and guidelines of the Supreme Court," Singh said in his application which was allowed by the court.
During the proceedings, Vinay also claimed in the court that they were receiving threats from the inmates in the jail that they would be subjected to razor attacks. His lawyer said that his clients were facing threats from the inmates and the court should direct the authorities to ensure proper safety.
The court asked the jail authorities to keep them in separate cells and also to ensure their safety. During the trial proceedings today, the court also recorded the statements of some of the prosecution witnesses in the robbery case.
The four, who were awarded death penalty on September 13 by a fast track court here in the gangrape and murder case, are facing trial for allegedly luring a carpenter into the bus and robbing him before raping and assaulting the girl in a moving bus in south Delhi on December 16 last year. The girl died in a Singapore hospital on December 2.
Source: Deccan Chronicle, September 19, 2013
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