Skip to main content

India | Supreme Court reopens debate over right to dignified execution

A bench led by Chief Justice of India DY Chandrachud has reopened a decades-old debate over whether there can be a more humane and dignified way of executing the death penalty.

The Supreme Court on Tuesday (March 21) asked the Centre to defend the law that allows hanging by the neck as a mode of execution. 

Attorney General for India (AG) A R Venkataramani agreed to seek instructions from the government before the court sets up a committee to examine the issue.

A bench led by Chief Justice of India (CJI) D Y Chandrachud is essentially reopening a decades-old debate over whether there can be a more humane and dignified way of executing the death penalty.

What is this case?


In 2017, Rishi Malhotra, an advocate, filed a public interest petition (PIL) seeking a more dignified way to execute the capital punishment. He argued that a convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.

The plea in the PIL challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC), 1973. This provision reads: “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.”

In the landmark 1982 ruling in ‘Bachan Singh v State of Punjab’, a five-judge Bench of the Supreme Court upheld the constitutional validity of the death sentence by a 4:1 majority ruling.

The SC had agreed to hear the 2017 PIL, and had issued notice to the Centre. Court records show that in January 2018, the Centre filed an affidavit defending the current position of law, but the case had not been listed since then. CJI Chandrachud was one of the three judges along with then CJI Dipak Misra and Justice A M Khanwilkar (retd) who had agreed to hear the case.

The case has now been listed after five years.

What is the Centre’s stand?


In its 2018 affidavit, the government had argued that death by hanging was the only “viable” option to execute a death warrant. However, the government also sought additional time to examine the methods followed in other countries.

In its 187th report in 2003, the Law Commission of India recommended that Section 354(5) of the CrPC should be amended by providing an alternative mode of execution of death sentence by “lethal injection until the accused is dead”.

The report suggested that it should be the discretion of the judge to pass appropriate orders regarding the mode of execution of death sentence and to hear the convict on the question of mode of execution of death sentence before passing the discretionary order.

What is the practice in other countries?


According to Amnesty International, 55 countries around the world have the death sentence on the books. While death by hanging is still the most prevalent form of execution, especially in the former British colonies, other modes are followed in some countries.

In the United States, for example, an intravenous lethal injection is given in every state (27 states and American Samoa) that allows the death penalty. 

Electrocution is a secondary method in some states. 

Execution by firing squad is employed in China, and Saudi Arabia uses beheading apart from other methods.

In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.

Source: indianexpress.com, Staff, March 22, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.

Medical experts shocked by Tennessee team’s ‘malpractice’ in Christa Pike’s failed execution

New details of IV team’s attempts to find a vein shared by Pike’s lawyer ‘shocked and disturbed’ practitioners Medical experts have expressed shock at the apparent incompetence shown by Tennessee’s execution team during the failed lethal injection of Christa Pike , the prisoner who survived a normally fatal dose of pentobarbital, which they say would be considered medical malpractice in any other setting.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes William Reaves

Florida puts 77-year-old man to death for a deputy's killing in its 18th execution this year  Florida carried out its 18th execution of the year on Tuesday under Republican Gov. Ron DeSantis ’ aggressive use of the death penalty in his final term.  William Reaves, 77, was pronounced dead at 6:12 p.m. following a 3-drug injection at Florida State Prison near Starke. He was convicted of first-degree murder in the 1986 shooting death of Indian River County Deputy Richard Raczkowski. 

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Florida Rapper Convicted of Killing Pregnant Girlfriend Asks for Death Penalty

A 28-year-old Tampa rapper convicted of killing his pregnant girlfriend and her unborn child has asked a Florida judge to sentence him to death, waiving his lawyers’ mitigation arguments. Billy Adams III’s unusual request—and the jury’s split recommendation—sets up a complex sentencing hearing on December 1. Billy Adams III, a 28-year-old Tampa rapper known professionally as Ace NH, has asked a Florida judge to sentence him to death following his conviction for the January 2023 killings of his pregnant girlfriend, Alana Sims, and her unborn child. His request, made in a handwritten letter filed with the court on October 12, 2026, comes after a jury recommended life imprisonment for Sims’ murder but voted 8–4 in favor of execution for the death of her unborn child.

Execution date set for killer who strangled couple inside their Florida Keys home

A Death Row inmate from the Florida Keys who tied up and strangled a pregnant third-grade teacher and her husband after breaking into their home more than three decades ago may soon be executed. Gov. Ron DeSantis on Wednesday signed a death warrant for Thomas Mitchell Overton, 70, who was convicted and condemned to die for the Aug. 22, 1991, murders of Susan “Missy” MacIvor, 29, and Michael MacIvor, 30. The MacIvors were expecting their first child, planning to name him Kyle Patrick. Overton’s execution is scheduled for Nov. 19 at Florida State Prison in Raiford. It’s scheduled to be the 20th execution in the state so far this year and the first involving a case out of Monroe County. Last year, Michael Tanzi, 48, was executed for murdering a Miami Herald employee he carjacked and sexually assaulted in the Keys in 2000.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

The execution of 2 Bangladeshis in Saudi Arabia explained

What we know about the executions of Suety Akhter and Nazrul Islam Abdul Basir in Saudi Arabia and the diplomatic fallout it's created  Clutching a picture of his daughter, Fazal Mia is still in shock that he was not told that his child, Suety Akhter, would be executed in Saudi Arabia.  After leaving Bangladesh to work in the Gulf kingdom, Akhter sent money home for the first 5 months before calling her family one day to say she had been imprisoned.  The family then found out from news reports that their daughter was handed the death penalty, alongside another Bangladeshi citizen, Nazrul Islam Abdul Basir.