Centre looking for 'less painful' alternative to hanging execution method
What's the story
The central government on Tuesday informed the Supreme Court that it was considering forming an expert panel to find a less painful method of carrying out the death penalty. In March, the top court had directed the Centre to gather information on a less painful mode of execution than hanging by the neck in death sentence cases in the country.
Context
Why does this story matter?
The matter gained the spotlight in 2017 when advocate Rishi Malhotra filed a petition challenging the constitutional validity of the death sentence by hanging. He contended that the current execution method is "inhuman" and "cruel" and violates the fundamental right of a convict. Malhotra relied on Article 21 (right to life) and some previous SC judgments to assert his view of "dignified death."
Details
Deliberations on finding alternative to 'hanging' as execution method
Arguing for the Centre before the SC bench of Chief Justice DY Chandrachud and Justice JB Pardiwala, Attorney General (AG) R Venkataramani said that deliberations on the matter were ongoing. He requested a week's time from the court to come up with a proper response. "I have suggested (forming a committee), and we are working toward that and gathering some names," he added.
Facts
Matter listed for hearing in July
The top court then listed the matter for further hearing in July. On March 21, the Supreme Court said it was open to setting up an expert panel. It also asked the Centre to initiate a discussion and collect relevant information to examine if there was a less painful way to carry out the death penalty than hanging by the neck.
Supreme Court
Supreme Court sought scientifically valid techniques to be considered
According to the bench, one approach could be to examine the situation from the standpoint of science and technology. It underlined the need to find an approach that is both humane and socially acceptable. "Do we have any data either in India or overseas relating to the circumstances as they transpired in the execution of sentence of death with alternate methods?" the bench asked.
Petition
Know about 2017 writ petition
In 2017, Malhotra filed a writ petition requesting that Clause 5 in Section 354 of the Criminal Procedure Code, which states that the offender be hung by the neck until death, be quashed. He claimed that the clause violated Article 21 of the Constitution as well as the SC Constitution Bench's decision in the Gian Kaur case.