The right to dignity and fair treatment under Article 21 of the Constitution of India extends to the body of the condemned prisoner after death, and the method of execution by hanging is not in violation of Article 21.

ORDER

1. This petition under Article 32 of the Constitution of India, in public interest, has been filed by Pandit Parmanand Katara, Advocate. Appearing inperson he has raised two contentions before us. According to him the method of execution of death sentence by hanging under the Punjab Jail Manual (the Manual) is inhuman and as such is violative of Article 21 of the Constitution of India. The second contention raised by the petitioner is that under para 873 of the Manual, body of the condemned convict, after it falls from the scaffolds is required to remain suspended for a period of half an hour. According to him right to dignity and fair treatment continues in respect of the dead body of the condemned man.

2. The first contention raised by the petitioner has been concluded against him by the judgment of this Court in Deena v. Union of India {(1983) 4 SCC 645 Bachan Singh v. State of Punjab {(1980) 2 SCC 684 } and Jumman Khan v. State of U.P. {(1991) 1 SCC 752 } Therefore, as at present advised, we do not agree with the first contention of the petitioner.

3. The second contention of the petitioner is based on para 873 of the Manual which is as under:

"873. Body to remain suspended half an hour. Return of warrant.- (1) The body shall remain suspended for half an hour and shall not be taken down till the medical officer declares life extinct.

(2) The Superintendent shall return the warrant of execution with an endorsement to the effect that the sentence has been carried out."

We agree with the petitioner that right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living man but also to his body after his death. According to us, the only requirement of the above-quoted para of the Manual is that the body of the condemned prisoner shall only remain suspended till the time the medical officer, present on the spot, declares him dead. We make it clear and hold that the jail authorities in the country shall not keep the body of any condemned prisoner suspended after the medical officer has declared the person to be dead. The limitation of half an hour mentioned in para 873 is directory and is only a guideline. The only mandatory part of the above-quoted para is that the condemned person has to be declared dead by the medical officer and as soon as it is done the body has to be released from the rope. The petition is disposed of in the above terms. No costs.

For Citation: (1995) 3 SCC 248