Death penalty by lethal injection, shooting or electrocution? SC rejects plea
The Supreme Court declined to abolish hanging as an execution method. New scientific evidence could prompt future reconsideration of this decision. The court permitted the Centre to form an expert panel. This panel will examine alternative execution methods for reduced pain. Hanging remains the current method while reviews are pending.
The Supreme Court has denied a plea to replace hanging as the method of executing death penalty in India, but opened the door for future review if new scientific or medical evidence emerges. The court's decision was made by a bench of Justices Vikram Nath and Sandeep Mehta, who stated that the petitioner had not provided sufficient reason to revisit the earlier ruling. They did, however, leave the option open for a future investigation if compelling evidence comes to light.
The petition was filed by senior advocate Rishi Malhotra in 2017, challenging the law that mandates hanging as the method for death sentences under Section 354(5) of the Code of Criminal Procedure. Malhotra proposed alternative methods, including lethal injection, shooting, electrocution, or a gas chamber, arguing that hanging could cause prolonged suffering and violate the right to die with dignity under Article 21 of the Constitution.
In March 2023, the court requested Attorney General R Venkataramani to gather data on the pain and time it takes for a person to die via hanging, as well as other related aspects. The Attorney General subsequently recommended the formation of an expert panel to investigate whether alternative methods of execution could be less painful and more dignified for death row inmates.
Despite the court's dismissal of the petition, it emphasized that the issue could be reconsidered in the future if substantial new scientific, medical, or other evidence emerges to alter the validity of its previous decision. The court also stated that the Constitution must be interpreted in light of scientific advancements and new developments.
The Supreme Court further mentioned that the Centre can establish a comprehensive review of the current execution method through an expert panel comprising legal, forensic medicine, neuroscience, criminology, and other relevant professionals. This panel could assess whether an alternative method would minimize unnecessary pain while upholding the dignity of death row prisoners. However, for now, hanging remains the designated method for carrying out death sentences in India.
Written by urgent.news from Times of India's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
