Death penalty has always served as a controversial topic in our country. The formation of an expert committee for the determination of the proportionality of hanging is considered by the center. The center informed the apex court on Tuesday. The committee will mainly enquire on the other alternative best options apart from hanging to execute a convict. The bench consisting of the CJI, and justice Pardiawala was hearing the PIL seeking to abolish the method of hanging which causes prolonged pain and suffering. It can be replaced by other means which includes gas chambers, lethal injection and shooting which can execute a convict in minutes. In the petition filed by Advocate Rishi Malhotra, it is stated that the entire hanging process will take 40 minutes to declare a person dead. The supreme court also pondered about forming an expert committee to enquire the impact of death caused by hanging, the pain, time taken for death to take place along with the availability of resources in the last hearing. Among the countries which practices death penalty Indonesia follows firing squad. If the prisoner is not dead even after the firing of twelve armed executioners, the final bullet is issued on his head by the commander. United states was the only country which used the method of electrocuton.Beheading is practiced by Saudi Arabia.
The petitioner stated that the provisions under section 354 CRPC 1973 are ultra vires to article 21 which is right to life and personal liberty guaranteed under the constitution. The right to die in a dignified manner comes under article 21. The hanging process is an inhuman method to execute a person. It is also against the resolutions taken by ECOSOC.
Death penalty is the strongest way to implement deterrent theory in the country. It can save the society from heinous crimes such as murder, rape and drug dealing. Human beings have a natural fear of dying. By executing the convicts, it will prevent the other individuals from committing the crime. It helps to remove heinous criminals and it helps to save taxes. Capital punishment is less expensive as there is no need to provide shelter for the convicts. On the contrary it is argued that it violates the basic and natural rights of an individual. Killing a person won’t stop a crime. Apart from that there is no proper evidence to prove that the death penalty has decreased the crime rates. The criminals who regret committing a crime are not given a chance to become useful people. Amnesty international is against its practice. The countries Burkina Faso,Chad,Kazaksthan,Sierra Leone, Papua New Guinea, Central African republic and Zambia are the latest countries which abolished death penalty for all crimes.
written by –Name:Krishnapriya.P.D., Semester:3rd sem, BBA. LLB, College: Government law college Thrissur intern under legal vidhiya.
REFERENCES
2. https://soapboxie.com/government/Advantages-and-Disadvantages-of-Capital-Punishment-Death-Penalty
4. http://america.aljazeera.com › articles › execution-meth
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