New Delhi, Oct 15 – The Supreme Court of India has openly challenged the central government for its stubborn refusal to replace the traditional method of hanging with a quicker, potentially less painful execution method such as lethal injection.
A bench led by Justice Vikram Nath and Justice Sandeep Mehta questioned the government’s stance while hearing a public‑interest litigation (PIL) filed by lawyer Rishi Malhotra. The PIL asks for alternatives like lethal injection, electrocution, shooting or a gas chamber—methods that can end a convict’s life in minutes, unlike the current hanging procedure that may take up to forty minutes.
“We’re looking at a very old system that no longer fits today’s world. The government is not willing to change,” Justice Nath said in a direct statement. The court’s remarks followed the Union government’s affidavit, which argued that offering a choice between hanging and lethal injection was “unfeasible” and that the issue fell within policy decisions, not judicial power.
The court is scheduling a follow‑up hearing for Nov. 11 to consider the application’s questions in more depth. The PIL seeks to strike down Section 354(5) of the Code of Criminal Procedure, which mandates hanging as the sole method of execution, and to declare that a dignified way to die is a constitutional right under Article 21.
According to the petitioner, lethal injection or shooting typically ends a life in about five minutes, whereas hanging can take up to forty minutes and inflict more pain. The Supreme Court first opened the debate in 2023, saying it was ready to set up an expert panel to explore less painful execution options. In that discussion, the court asked whether modern science could guide the choice of a more humane method, and whether comparable international data existed.
In 2017, the Supreme Court had already called for the state to consider humane alternatives after a concerned petition stressed that prisoners should not suffer the agony of hanging.
The case highlights a growing debate in India about the death penalty, method of execution, and the right to a dignified death. The outcome could redefine how India carries out capital punishment and address international human‑rights concerns.
Source: ianslive
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