Why India Still Prefers Death By Hanging?
Table of Contents
Introduction
Historical Perspective
Legal Basis
Social Factors
Arguments Against Other Methods
Conclusion
Introduction
India is one of the countries that still upholds the death penalty as a form of punishment for specific heinous crimes. Among various methods of execution, hanging remains the preferred method in India. This article examines the historical, legal, and social reasons behind this choice, as well as the arguments against other execution methods.
Historical Perspective
Death by hanging has been the primary method of execution in India since the British colonial era. The British introduced this method as a means of asserting authority and maintaining order. After gaining independence, India retained many aspects of the British legal system, including hanging as a method of capital punishment.
Legal Basis
India's preference for death by hanging is legally enshrined in the Code of Criminal Procedure (CrPC), 1973. Section 354(5) of the CrPC explicitly states that "when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead." This provision has been upheld by the Indian judiciary over the years, with courts ruling that hanging is a legally accepted method of execution in India.
Social Factors
The public perception of hanging as a just and effective punishment for heinous crimes is another factor contributing to its continued use. In India, capital punishment is often seen as a necessary deterrent for severe offenses, and hanging is perceived as a swift and decisive method to carry out the sentence. This societal acceptance has played a role in sustaining the practice.
Arguments Against Other Methods
India's preference for hanging over other methods of execution, such as lethal injection or electrocution, can be attributed to several factors. Hanging is considered to be more humane and less painful than other methods when carried out correctly. Moreover, hanging does not require specialized equipment or expertise, making it more accessible and cost-effective.
Opponents of other execution methods often argue that they may cause unnecessary pain and suffering or that they are prone to malfunctions and errors, potentially leading to inhumane deaths. These arguments have contributed to India's continued preference for hanging as a method of capital punishment.
Conclusion
India's preference for death by hanging as a method of capital punishment can be traced back to historical, legal, and social factors. The practice, which dates back to the British colonial era, has been legally upheld in the Indian judicial system and is perceived by many as a just and effective punishment for heinous crimes. While there are ongoing debates about the morality of capital punishment and the need for alternative execution methods, death by hanging remains the preferred method in India for the time being.
