Hanging to death not as inhuman as lethal injection, Government to SC
New Delhi, April 24: The Central government on Tuesday told the Supreme Court that death by hanging is not as "barbaric, inhuman and cruel" as an execution by firing squad or lethal injection.
Supporting a legal provision that a death row convict would only be hanged to death, the Ministry of Home Affairs told a bench headed by Chief Justice Deepak Misra that death by hanging was "quick, simple" and free from anything that would unnecessarily sharpen the poignancy of the prisoner.
"Execution, as contemplated under section 354(5) of the Code of Criminal Procedure, is not barbaric, inhuman and cruel as well as in compliance with safeguard no. 9 of the resolutions adopted by the United Nations Economic and Social Council (ECOSOC)," said the affidavit filed by the ministry.
The affidavit came while responding to a PIL 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."
The apex court had termed the Constitution as a "compassionate and organic" guiding book and asked it to consider changing the law so that a convict, facing death penalty, dies in peace and not in pain.
The affidavit of the ministry further stated: "Lethal injection, which is believed to be painless, has also been contested on the ground that it may lead to uncomfortable death wherein the convict is unable to express his/her discomfort because of paralysis by the paralytic agent injected. It is believed by many that lethal injection, as is practised currently, is designed to create only an appearance of serenity and painless death."
It added that such injections, if made available, can be misused, and also ruled out the option of execution by a firing squad contending that it was not "fail-safe" and can be extremely painful if shooters miss the heart by accident or by intention.
"Hanging with more advanced procedures is far safer than techniques such as lethal injections... the procedure by which a death sentence is to be executed is dependent upon a variety of factors such as economic feasibility, availability of skilled and technical personnel, equipment and resources, rate of botched executions," the affidavit said, adding that the mode of execution is a "matter of legislative policy".
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BJP dreaming to win polls with money power: West Bengal BJP MLA after bypoll loss
Kolkata, Nov 23: As the ruling Trinamool Congress swept the by-elections in six assembly seats in West Bengal, Kurseong's party MLA Bishnu Prasad Sharma attacked the state leadership, saying the party dreams of winning polls with money power and that it sidelines legislators and gives "unnecessary importance and responsibilities" to MPs.
The TMC retained five of the six seats it had previously won during the 2021 polls, while wresting the key Madarihat seat from the saffron camp in north Bengal’s Alipurduar district.
In a Facebook post, Sharma alleged, "The BJP runs a membership drive in West Bengal over the phone from a Kolkata office, while party leaders turn a blind eye to factionalism within the party. The party sidelines MLAs and gives unnecessary importance and responsibilities to MPs. It dreams of winning elections relying on money power. Despite having no shortage of political issues in the state, it centers its politics solely around religion."
"The BJP accuses opponents of corruption while carrying Adani and Ambani on its shoulders. It tries to undermine the rights of the indigenous population by luring Bangladeshi Hindus with promises of CAA. It halts MGNREGA funds and indulges in such tactics, hoping to win elections in the state," he alleged.
On the other hand, the BJP MLA lauded TMC saying, that the ruling party in the state, armed with 26 different "pro-poor schemes" such as Kanyashree Prakalpa, Gitanjali Housing Scheme, Krishak Bandhu Scheme, Nijo Griha Nijo Bhumi, Rupashree Prakalpa, Shishu Sathi Scheme, and Student Credit Card, quietly works at the grassroots level.
"Now, you decide who will win the elections. I have never seen a culture of self-criticism within the BJP; otherwise, this outcome wouldn't have occurred," he added.
Since the 2021 assembly elections, the TMC has won every by-election, except the Sagardighi bypoll in March 2023, which was won by a Congress candidate who later switched to the TMC.
With this victory, TMC's tally in the 294-member state assembly rose to 216, further consolidating its position. The BJP's tally, on the other hand, dropped to 69, from 77 in 2021.
