The Kerala High Court has admitted a writ petition challenging Section 371 of the Kerala Prison and Correction Service (Management) Rules 2014 which mandates tying of hands and legs of a condemned prisoner during execution.
Justice P.R. Ramachandra Menon also issued notice to the State government and others on a petition filed by High Court lawyer Basil Attipetty who said the provision mandating tying of hands and legs of a prisoner during execution would affect the prisoner’s fundamental rights.
The government had submitted that that the rule was based on the Model Prison Manual adopted by the State government on a directive of the Union Ministry of Home. Section 371 did not prevent a condemned prisoner from making supplication before God by holding both his hands up before being taken to the gallows. The rule was made after taking into account studies pointing that there was every possibility of jerking of arms and legs during the process of hanging.
