Explained: Why Supreme Court Has Asked Government To Review Current Method Of Execution

The Supreme Court has asked the government to provide data on alternative methods for executing prisoners that are less painful, more socially acceptable, and dignified than hanging.

The court has also suggested the establishment of an expert committee to review the current method of execution in India.

In recent years, there has been a growing debate in India about the use of the death penalty. Some argue that it is a necessary tool to deter crime, while others argue that it is a cruel and inhumane punishment that has no place in modern, civilized society.

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Despite this debate, the death penalty remains a legal punishment in India for certain offences under the Indian Penal Code.

Mode of execution in question

The debate around the execution of prisoners revolves around the method of execution. The court has clarified that the constitutionality of the death penalty is not in question, but rather the mode of execution.

The government has argued that the method of execution is a matter of legislative policy and that the death penalty is awarded only in the rarest of rare cases, reports The Hindu.

The petition challenging the constitutionality of death by hanging as a mode of execution was being heard by the court. Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall ¡°be hanged by the neck till he is dead¡±.

It is argue that there is a need to find a more humane, quick, and decent alternative to hanging. Hanging has been termed "cruel and barbarous" compared to other methods such as lethal injection.

However, the Centre had filed an affidavit in 2018 supporting death by hanging and did not find the method of execution "barbaric, inhuman, and cruel" compared to firing squads and lethal injections.

Death penalty in India

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In India, the death penalty is a legal punishment for certain offences under the Indian Penal Code. The death penalty is determined by the courts in India and is only imposed in the most serious of cases.

The Indian Penal Code specifies certain offences for which the death penalty can be imposed. These offences include murder (Section 302), dacoity with murder (Section 396), criminal Conspiracy (Section 120B), waging war against the Government of India or attempting to do so (Section 121), abatement of mutiny (Section 132) and other serious crimes.

The death penalty in India is often used interchangeably with the term "capital punishment." However, it is important to note that the imposition of the death penalty does not always result in an execution.

In some cases, the sentence may be commuted to life imprisonment or even pardoned by the President under Article 72 of the Indian Constitution.

The decision to give the death penalty is made by a judge after considering the nature and severity of the crime, as well as any aggravating or mitigating factors.

The death penalty is only given in cases where the judge considers the crime to be of such a nature that it warrants the most severe punishment possible.

110 countries have abolished death penalty

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According to Amnesty International, as of 2021, the death penalty is still used in many countries around the world.

In Asia, the death penalty remains quite widespread, with countries such as China, India, Thailand, Singapore and Indonesia still actively using it.

However, there has been a decline in the number of executions in some countries, such as Malaysia, which has declared a moratorium on executions since 2018.

In Europe and the Americas, the death penalty is rare, with most countries having abolished it. However, there are some notable exceptions, such as Belarus, Guyana, Cuba, and the United States.

Despite the continued use of the death penalty in some countries, there has been a growing trend towards abolition in recent years.

As of now, 110 countries and territories around the world have abolished the death penalty, with Sierra Leone, Papua New Guinea, and Equatorial Guinea being the most recent additions to this list.