Who can witness and other rules governing executions in India.
A trial court in Delhi gave orders on Tuesday to hang the four convicts in the Delhi gang-rape case on January 22, at 7 am. The decision came on a petition filed by the mother of the 23-year-old physiotherapy student was gang-raped in a moving bus in Delhi in December, 2012.
The parents of the victim have hailed the verdict which came after seven years.
But what are the rules to be followed in India before a condemned person is hanged? Different states have different laws, and since these prisoners are lodged in Tihar Jail, the Delhi Prison Rules, 2018 will govern the process
Arrangement for execution
The Delhi Prison Rules empower the Superintendent to fix the time of execution sufficiently in advance. It also categorically mentions that the execution should take place early in the morning before it gets bright. The time in different seasons will be in accordance with orders passed separately by the government.
An engineer of the Public Works Department (PWD) has been tasked with inspection of the gallows every quarter and before the date of a hanging as and when intimated by the Superintendent. “The gallows shall be inspected and the rope tested in the presence of the Superintendent, the evening before the execution, he being personally responsible that these arrangements are properly made,” says the manual.
It also goes into great detail about the weight of the prisoner and the corresponding height from which he should be hanged. For example, the manual says that if a person weighs less than 45.360 kg, he should be given a drop 2.4440 metres.
Who will be present during execution?
The prison rules say that Superintendent, Deputy Superintendent, medical officer in-charge and resident medical officer should be present at all executions. The rules also require the presence of District Magistrate, and in his absence, the Additional District Magistrate. “If the prisoner so desires, a priest of his faith may be allowed, at the discretion of the Superintendent,” say the rules.
No other person, especially relatives of the prisoner, should be allowed to witness the execution, the prison rules categorically say, adding that the Superintendent can permit social scientists, psychologists etc for research purposes but only after prior approval from the government.
Prasanta Patnaik