Death by hanging not barbaric: govt.

Death by hanging not barbaric: govt.

Context

Petition challenging the constitutionality of death penalty

Public Interest Litigation

The PIL was filed by advocate Rishi Malhotra challenging the constitutionality of hanging to death as a mode of execution

• 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.”

Centre’s response

Death by hanging is not as “barbaric, inhuman and cruel” as an execution by firing squad or lethal injection

• Rationale against death by firing squad: if the shots miss the heart, the prisoners slowly bleeds to death. Besides, it would be very difficult to find volunteers for the firing squad from the country’s civilian police force
• The mode of execution is a matter of legislative policy
• Death penalty only in rare cases: The government said the death penalty is awarded only in the rarest of rare cases. There have been only three execution between 2012 and 2015