SC questions Centre’s reluctance to consider lethal injection over hanging
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New Delhi: The Supreme Court on Wednesday questioned the Central government’s unwillingness to consider lethal injection as an alternative to hanging for executing death sentences, observing that the government "is not willing to change" despite changing times.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta made the observation while hearing a public interest litigation (PIL) filed by advocate Rishi Malhotra, which sought to replace hanging with alternative execution methods such as lethal injection, electrocution, shooting, or gas chamber, where death could occur within minutes.
The PIL argued that the current method of execution in India, hanging by the neck till death, is “painful, inhuman, and cruel.”
“The problem is that the government is not willing to change. This is a very old process — times have changed,” the bench remarked orally in response to the Centre’s affidavit, which stated that offering convicts a choice between hanging and lethal injection may not be "feasible."
The Union government, in its affidavit, maintained that execution methods fall under policy decisions and indicated it was not inclined to alter the current system.
The apex court has posted the matter for further hearing on November 11.
The PIL seeks to declare Section 354(5) of the Code of Criminal Procedure (CrPC), which prescribes hanging, as unconstitutional and urges the court to recognise the right to die by a dignified procedure under Article 21 (right to life) of the Constitution. According to the petitioner, hanging can take around 40 minutes, whereas lethal injection or shooting leads to death within five minutes, causing significantly less pain.
In March 2023, the Supreme Court had indicated openness to setting up a panel of experts to examine whether a less painful and more dignified execution method exists. At that time, Attorney General R. Venkataramani informed a bench headed by then CJI D.Y. Chandrachud that the government was considering appointing such a committee.
The apex court had also asked whether advancements in science and technology could guide a shift toward execution methods more consistent with human dignity and social acceptability.
In October 2017, the Supreme Court had issued notice to the Centre, noting the petitioner’s contention that convicts should not be forced to endure the pain of hanging when their execution is mandated by conviction and sentence.
With IANS inputs