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, 2014. Fifteen death row convicts had filed a
writ petition seeking relief against the alleged infringement of their fundamental
rights on account of the executives failure to dispose of mercy petitions within a
reasonable time.
The following are the guidelines set by the Supreme Court of India.

Solitary Confinement : The prisoner should not be put in a single cell

confinement prior to rejection of mercy petition.
Legal Aid The prisoner is entitled to get legal aid at all stages or until his last
breath under the fundamental right (Article 21).
Procedure in placing the mercy petition before the President: the
Ministry of Home Affairs is held responsible for following the procedure laid
down by Government of India for moving the files of mercy petitions within a
reasonable and rational time.
Communication of Rejection of Mercy Petition by the Governor or
President: The rejection of the mercy petition by the Governor should be
communicated to the convict and his family in writing or through some other
mode of communication available.
Death convicts are entitled as a right to receive a copy of the rejection of the
mercy petition by the President and the Governor.
Minimum 14 days notice for execution: A minimum period of 14 days
notice must be provided for the following reasons.
o It allows the prisoner to prepare himself mentally for execution
o It allows the prisoner to have a last and final meeting with his family
members
Physical and Mental Health Evaluation and Reports: the prisoner must
be examined by Government doctors and psychiatrists to provide a certificate
that the prisoner is fit physically and mentally. appropriate medical care
should be given to those in need
Furnishing documents to the convict: The copies of relevant documents
should be furnished to the prisoner within a week by the prison authorities to
assist in making mercy petition and petitioning the courts.
Final Meeting between Prisoner and his Family: It is necessary for
prison authorities to facilitate and allow a final meeting between the prisoner
and his family and friends prior to his execution.
Post Mortem Reports: By making the performance of post mortem
obligatory, the cause of the death of the convict can be found out.

Opinion
The Supreme Courts 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

all stages of the pardon process, right from the level of the Ministry of Home Affairs all the way up to
the office of the President of India. It will no longer be possible for the executive to give excuses for
the delay in taking a decision on pardon petitions.