SC Suggests Expert Panel To Examine If Death By Hanging Is Most Suitable, Painless Method

R. Venkataramani, Attorney General, was asked to report back to the court on any study on the effects of hanging.

Supreme Court of India

Source : File Photo/AFP

New Delhi: The Supreme Court on Tuesday said that the Centre should consider whether there is a "less painful" alternative to hanging as a method of carrying out death sentences, reported Bar and Bench. The Centre was asked by the Supreme Court to start a discussion and gather information to see if there is a method that is less painful than hanging by the neck. R. Venkataramani, Attorney General, was asked to report back to the court on any study on the effects of hanging.

"Mr. AG, come back to us and we should have better data before us on the impact of death by hanging, pain caused and the period taken for such death to take place, availability of resources to effectuate such hanging by death. And is today's science suggesting that this is best method today or is there another method which is more suitable to uphold human dignity," the Court said, quoted Bar and Bench.

The Supreme Court suggested that the government can establish a committee to carry out a similar investigation if it has not already done so.

"If Centre has not done this study, then we can form a committee which can have experts from two national law universities like NLU Delhi, Bangalore or Hyderabad, some doctors from AIIMS, distinguished people across the country and some scientific experts," the Court stated.

As it heard a petition requesting a "painless end for death convicts," the court indicated that it was open to forming a panel of experts to examine the issue. In addition, rather than hanging, the petition suggests shooting, lethal injection, or the electric chair.

Lawyer Rishi Malhotra read a Law Commission report, calling the procedure "absolutely cruel."

"Yes, it's something to think about. We need access to some scientific data. We may form a committee if you can conduct some research on the suffering. Chief Justice DY Chandrachud said, "We will keep it for a later date," putting the next hearing on May 2.

The judges talked about the other options during the hearing.

"Even today, the question of whether there should be dignity in death is not whether it is contestable or less painful; hanging appears to meet both of these requirements; does lethal injection meet this requirement?" "Justice PS Narasimha stated that it was found that lethal injection is found not to be immediate in the United States."

"Even a lethal injection hurts. The Chief Justice stated, "Coming to shooting, it was a favorite time-pass of military regimes, in complete violation of human rights."

Additionally, the judges requested research into the lethal injection chemical.

According to Justice Chandrachud, "We have to see if this method satisfies the test of proportionality, and if there is another method that can be adopted, then if death by hanging can be declared as unconstitutional."

The bench continued, "We need to be aided by a study." We may still conclude that hanging is appropriate.

Advocate Rishi Malhotra was arguing that the death penalty should be abolished in favor of less painful alternatives like electrocution or injection.

According to the plea, the Law Commission noted in its 187th Report that a significant increase in the number of nations where electrocution, shooting, or lethal injection have replaced hanging as the method of execution.

The plea stated, "It had categorically opined that hanging is undoubtedly accompanied by intense physical torture and pain."

In person, Malhotra argued that the Indian practice of hanging to death is absolutely cruel and inhuman.

According to Justice Narasimha, death ought to have dignity and should be as painless as possible, and it appeared that hanging did both.

"Hanging seems to satisfy both these conditions... Does lethal injection satisfy on this count. Union government also says in USA it was found that lethal injection, death is not immediate," he said.

"Have you looked at anecdotal incidents of lethal injection? If it is a heavy weight patient, the patient struggles to die," CJI Chandrachud weighed in.

"No process is fool proof.. we have to compare it with hanging," said Malhotra.

"In US there is strong evidence on the pain caused by lethal injection you see. I do a lot of reading on this side," said the CJI.

"There are hardly hangman available and for a hanging in Delhi, such hangman is called from Calcutta, Mumbai etc," Malhotra said.

On May 2, the court eventually placed the case on hold for further consideration and requested information from the AG regarding the hanging method of execution.