SC dismisses plea to abolish death by hanging
What's the story
The Supreme Court has dismissed a petition seeking the abolition of death by hanging as a method of executing the death penalty. "We are not persuaded that a case has been made out for referring the decision of the three-judge bench in Dina to a larger bench for reconsideration," the bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, said.
Expert committee
Union govt can look into alternatives: SC
However, they clarified that the judgement does not prevent future constitutional scrutiny if compelling medical or scientific evidence emerges.
"We clarify that the dismissal of the present writ petition must not be understood as foreclosing future constitutional scrutiny should compelling scientific, medical, or empirical evidence emerge," it said.
The court also suggested that the Union Government could review execution methods through an expert body to see if alternatives could minimize pain and suffering while ensuring dignity.
Execution debate
Petition filed by advocate Rishi Malhotra
The petition was filed in 2017 by advocate Rishi Malhotra, who argued that execution as contemplated under Section 354(5) CrPC (hanging by the neck till the person is dead) is not only barbaric and inhuman but also against resolutions adopted by the United Nations Economic and Social Council (ECOSOC).
He argued that this method causes "prolonged pain and suffering" and proposed alternatives like intravenous lethal injection, shooting, electrocution or gas chamber, like many other countries.
Lethal injection
49 out of 50 US states have adopted lethal injections
In 2023, the Union government told the Supreme Court that it was considering forming an expert panel to decide if hanging was the most suitable execution method.
Last year, the petitioner highlighted that 49 out of 50 US states had already adopted lethal injections as an alternative execution method.
"At least give an option to the...prisoner whether he wants hanging or lethal injection...lethal injection is quick, humane and decent; hanging...is cruel, barbaric and lingering...for 40 minutes," he submitted.
Court
Declare right to die by dignified procedure fundamental right: Petitioner
The petitioner sought relief to declare the right to die by a dignified procedure of death as a fundamental right.
In January this year, the Central government, represented by Attorney General R Venkataramani, told the court that the government was examining the issue at the highest level.
After hearing the submissions, the bench had reserved its order.
Other than India, countries like Bangladesh, Pakistan, Japan, Malaysia, Nigeria, Iran, Iraq, Afghanistan, Singapore, Sri Lanka, and Middle Eastern nations practice hanging.