This article explores the various facets of prisoner executions, the current provisions of the death penalty in India, and its status around the world. It primarily focuses on the recent query made by the Supreme Court of India to the Centre about finding more humane methods of executing capital punishments.
Supreme Court’s Intervention in Execution Methods
The Supreme Court of India has pleaded with the Centre to share data that could potentially lead to an execution process that is less painful, more dignified, and socially acceptable than the current method – hanging until death. This proposition was even extended to formulating an expert committee to reevaluate the way criminals are executed in India.
Debate About Execution Methods
Despite the controversy surrounding hanging, the court clarified that it did not question the death penalty’s constitutionality but rather, the process through which it is carried out. The government maintained that the mode of execution is a legislative policy subject and that the death penalty is only handed down in the rarest of rare cases. The court’s response was prompted by a petition challenging the constitutionality of death by hanging as a mode of execution. Critics argue for a more “humane, quick, and decent alternative” and deem hanging as “cruel and barbarous” as compared to lethal injection.
Death Penalty in Current Indian Law
Per the Indian Penal Code, offenses that can warrant the death penalty include murder (Section 302), dacoity with murder (Section 396), criminal conspiracy (Section 120B), waging war against the government or attempting to (Section 121), abatement of mutiny (Section 132), among others. The term “death penalty” is often used interchangeably with “capital punishment”. However, execution does not always follow the imposition of this penalty; it can be commuted to life imprisonment, or the President can pardon it under Article 72 of the Indian Constitution.
Global Status of the Death Penalty
According to Amnesty International, the death penalty is quite widespread in Asia, with countries like China, India, Thailand, Singapore, and Indonesia still practicing it. Conversely, it is less common in Europe and the Americas, with Belarus, Guyana, Cuba, and the United States being the notable exceptions. So far, 110 countries and territories around the world have abolished the death penalty, including Sierra Leone, Papua New Guinea, and Equatorial Guinea most recently.
Controversy over Presidential Delay in Addressing Commutation Requests
Instances of the Indian President delaying commuting death sentences have triggered public debates on justice denial. Questions have been raised whether a specific time should be set for the President to either accept or reject such petitions. This issue was part of the Union Public Service Commission (UPSC) Civil Services Examination, Previous Year Question (PYQ) in 2014.
Note: The information provided has been derived from various reliable sources and factual accuracy is of utmost importance.
