New Delhi [India], January 23 (HBTV): The Supreme Court has reserved its judgement on a batch of pleas challenging death by hanging as a mode of execution, with petitioners arguing that the method is painful, inhumane and violative of human dignity.
A bench of Justices Vikram Nath and Sandeep Mehta asked the petitioners and the Attorney General of India, representing the Centre, to file their written submissions, if any, within three weeks.
The apex court was hearing multiple petitions, including a public interest litigation filed by Rishi Malhotra and an application by Project 39A, seeking directions to the Centre to devise a more humane, dignified and socially acceptable mode of execution for death row convicts.
Malhotra’s petition, initially filed in 2023, suggested alternative modes of execution such as lethal injection, shooting and electrocution in place of hanging. At the time, the court had directed the Centre to furnish information on the impact of death by hanging, scientific and technological data, and the feasibility of alternative methods that uphold human dignity.
During the hearing, Justice Vikram Nath asked the counsels about possible alternatives to hanging.
‘What is the way out for execution? What do you suggest?’ he asked.
Appearing as petitioner-in-person, Malhotra submitted that the Attorney General of India had earlier informed the court that the government was considering the formation of a committee to examine the implications of lethal injection. He argued that lethal injection is a more humane, dignified and expeditious method, citing Law Commission reports. He further submitted that under certain Armed Forces Acts, convicts are given a choice regarding the mode of execution and contended that a similar option should be extended to death row prisoners.
Senior Advocate Meenakshi Arora, appearing for Project 39A, a pro bono criminal justice initiative, submitted that lethal injection has not been uniformly successful. She said that even in the United States, where the method is commonly used, complications have been reported, and scientific research on appropriate chemical compositions is still ongoing. Arora also pointed out that there have been instances where executions by hanging were botched.
The bench observed that there are cases in which death row prisoners struggle during execution, indicating limitations in the hanging method.
‘There is a psychological impact on the hangman also,’ Justice Sandeep Mehta remarked.
Attorney General of India R. Venkatramani informed the court that the issue is under examination at the highest level by a special committee constituted by the Centre.
The court subsequently reserved its judgement and directed all parties to file their written briefs within three weeks.
(ANI)