8/9/2019 The Supreme Court of India Formed Guidelines for Safeguarding the Interests of Death Convicts While Passing an …

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 The Supreme Court of India formed guidelines for safeguarding the interests of

death convicts while passing an order in the case of Shatrughan Chauhan and

Another v. Union of India and Others, 20!. "ifteen death row convicts had #led a

writ petition see$ing relief against the alleged infringement of their fundamental

rights on account of the e%ecutive&s failure to dispose of merc' petitions within a

reasona(le time.

 The following are the guidelines set (' the Supreme Court of India.

• Solitary Confnement :  The prisoner should not (e put in a single cell

con#nement prior to re)ection of merc' petition.

• Legal Aid The prisoner is entitled to get legal aid at all stages or until his last

(reath under the fundamental right *Article 2+.

• Procedure in placing the mercy petition beore the President the

-inistr' of ome A/airs is held responsi(le for following the procedure laid

down (' overnment of India for moving the #les of merc' petitions within a

reasona(le and rational time.• Communication o Rejection o Mercy Petition by the Goernor or

President The re)ection of the merc' petition (' the overnor should (e

communicated to the convict and his famil' in writing or through some other

mode of communication availa(le.

• 1eath convicts are entitled as a right to receive a cop' of the re)ection of the

merc' petition (' the resident and the overnor.

• Minimum !" days notice or e#ecution A minimum period of ! da's

notice must (e provided for the following reasons.o It allows the prisoner to prepare himself mentall' for e%ecution

o It allows the prisoner to have a last and #nal meeting with his famil'

mem(ers

• Physical and Mental $ealth %aluation and Reports the prisoner must

(e e%amined (' overnment doctors and ps'chiatrists to provide a certi#cate

that the prisoner is #t ph'sicall' and mentall'. appropriate medical care

should (e given to those in need

• &urnishing documents to the conict The copies of relevant documents

should (e furnished to the prisoner within a wee$ (' the prison authorities to

assist in ma$ing merc' petition and petitioning the courts.

• &inal Meeting bet'een Prisoner and his &amily It is necessar' for

prison authorities to facilitate and allow a #nal meeting (etween the prisoner

and his famil' and friends prior to his e%ecution.• Post Mortem Reports 3' ma$ing the performance of post mortem

o(ligator', the cause of the death of the convict can (e found out.

Opinion

The Supreme Court’s recent judgment is indeed a first and important step towards humanising the

implementation of capital punishment. It creates new forms of the accountability of the executive at

8/9/2019 The Supreme Court of India Formed Guidelines for Safeguarding the Interests of Death Convicts While Passing an …

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all stages of the pardon process, right from the level of the inistry of !ome "ffairs all the way up to

the office of the #resident of India. It will no longer be possible for the executive to give excuses for

the delay in ta$ing a decision on pardon petitions.