The Kerala Prison and Correction Service (Management) Rules 2014 which mandate tying of hands and legs of a condemned prisoner during execution do not affect the fundamental rights of the prisoner, according to an affidavit filed by the State government in the High Court.
In the affidavit filed in response to a writ petition, the government said that the rule was based on the Model Prison Manual adopted by the State on a directive of the Union Home Ministry.
The petition was filed by High Court lawyer Basil Attipetty challenging Section 371 of the rules. The government submitted that the rule was sustainable as the government was empowered to frame them. The rule was made after taking into account various studies pointing out that there was every possibility of jerking of arms and legs during the process of hanging.
