The Supreme Court has rejected a petition seeking to replace death by hanging with other “less painful” methods such as lethal injection.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed a petition that sought the adoption of an alternative method, instead of hanging, for executing the death penalty in a manner that causes less pain to the convict and protects their dignity. The petition filed by lawyer Rishi Malhotra suggested alternatives to hanging such as lethal injection, shooting, electrocution, or gas chamber, which can cause the death of the convict within a few minutes. The PIL described hanging as extremely painful, inhuman, and cruel. Malhotra also cited a United Nations resolution which states that where the death penalty is imposed, it should be carried out in a manner that inflicts the least possible suffering.
The petitioner sought that awarding the death penalty by hanging under Section 354(5) of the CrPC be declared unconstitutional, and that the right to a dignified death be recognized as a fundamental right under Article 21 of the Constitution. The petition also stated that it takes nearly 40 minutes to declare death after hanging, while the process is completed in about 5 minutes through shooting or lethal injection.
The court also said that the Central Government, if it wishes, can constitute a committee of experts to conduct a comprehensive review of alternative methods of carrying out the death penalty.
