The Supreme Court on Tuesday dismissed a petition seeking to replace hanging as the method of execution for death-row convicts.
The petition called for alternative methods such as lethal injection, shooting, the electric chair or a gas chamber.
A bench of Justices Vikram Nath and Sandeep Mehta said its decision does not prevent the Central Government from carrying out a comprehensive review of the existing execution system.
It could also set up an expert body to examine whether any alternative method would reduce unnecessary suffering and better preserve the dignity of convicts.
Petition was filed in 2017
Senior advocate Rishi Malhotra filed the petition in 2017, seeking the removal of hanging as the prescribed method of execution for death-row convicts.
The petition argued that less painful methods should be used instead of hanging. During the proceedings, Malhotra also argued that death-row inmates should have the option to choose between hanging and lethal injection.
Supreme Court sought data from Centre in 2023
In March 2023, the Supreme Court said it could consider setting up an expert committee to assess the pain and effectiveness associated with different methods of carrying out the death penalty. The court also sought more detailed data from the Central Government on the issue.
However, it clarified that it could not direct Parliament to adopt any particular method of execution.
Centre called hanging a ‘quick and simple’ method
In 2018, the Central Government defended the existing system of execution. In an affidavit, the Home Ministry said hanging was a “quick and simple” method that did not unnecessarily prolong a prisoner’s suffering.
The Centre also rejected the argument that alternative methods such as lethal injection and shooting would necessarily be less painful. The petition had cited the Law Commission’s 187th Report, which recommended replacing the existing method of hanging.
