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‘Government not evolving’: SC as Centre opposes alternatives to death penalty by hanging
The government is “not ready to evolve” with changing times, said the Supreme Court on Wednesday while criticising the Centre for opposing a suggestion to give convicts facing the death penalty the option to choose a lethal injection as a mode to carry out their punishment, reported Live Law.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing a public interest litigation seeking to abolish the practice of executing a death row convict by hanging.
On Wednesday, the petitioner, advocate Rishi Malhotra, told the court that prisoners should be given the option to choose between hanging or a lethal injection, Live Law reported.
“Lethal injection is quick, humane and decent, as opposed to hanging, which is cruel, barbaric and lingering…for 40 minutes, the body lingers on the rope,” said Malhotra.
The Centre said in its counter-affidavit that giving convicts a choice was “not feasible”, PTI reported.
In response, the court said that the government was “not ready to evolve”, according to Live Law. “It is a very old procedure, things have changed over a period of time,” it added.
The bench posted the matter for further hearing on November 11.
The petition was filed by Malhotra in 2017. He argued that death by hanging involves “prolonged pain and suffering” and contended that it should be replaced with intravenous lethal injection, shooting, electrocution or gas chamber, in which a convict could die in just a matter of minutes.
Malhotra also sought the declaration of the right to die by a dignified procedure as a fundamental right under the Constitution. He demanded that Section 354(5) of the erstwhile Code of Criminal Procedure should be declared unconstitutional as it violates the right to protection of life and personal liberty.
Section 354(5) states: “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.”
The petitioner has argued that death by hanging “till the person is dead” is not only barbaric, inhuman and cruel, but also against the United Nations Economic and Social Council resolution that categorically states that “where capital punishment occurs, it shall be carried out to inflict minimum possible suffering”.
In May 2023, the Centre informed the Supreme Court that it was considering forming a panel to decide if the execution of the death penalty by hanging is the most suitable method.
On Wednesday, the Centre's counsel told the court that instructions would be sought from the government about updates on the committee, PTI reported.
Also read: Arbitrary death sentencing is the rule not the exception in Indian courts
Source: Scroll
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