The Supreme Court heard a Public Interest Litigation (PIL) challenging the constitutionality of execution by hanging and suggesting alternatives such as lethal injection for death row convicts.
The petition, filed by Advocate Rishi Malhotra, seeks the abolition of hanging as a method of execution, describing it as “barbaric, inhuman and cruel” and violative of Article 21 of the Constitution. He argued for replacing hanging with intravenous lethal injection or giving prisoners an option to choose their method of execution.
The petition also contends that Section 354(5) CrPC is ultra vires for mandating hanging, and that the right to a dignified death should be recognized as a fundamental right. The petition further invokes United Nations Economic and Social Council (ECOSOC) resolutions, which state that capital punishment should be carried out in a manner causing the least possible suffering.
Senior Advocate Sonia Mathur, appearing for the Union, relied on the government’s affidavit stating that execution methods are a policy decision and that giving convicts a choice would be infeasible.
The bench comprising Justice Vikram Nath and Justice Sandeep Mehta expressed concern over the Union Government’s stance, remarking that it was “not ready to evolve” in response to changing times and proposals for more humane practices.
In March 2023, the apex court had said it may consider setting up a committee of experts to examine whether execution of death row convicts by hanging was proportionate and less painful. The bench inquired into the status of the committee, to which the counsel for the government said that it would seek fresh instructions on the matter.
The case will next be heard on 11 November.
