Supreme Court Challenges Government on Execution Methods

The Supreme Court of India has raised concerns regarding the government’s resistance to replacing hanging with lethal injection as a method of capital punishment. This came to light during a public interest litigation (PIL) aimed at abolishing death by hanging, highlighting a growing need for more humane execution alternatives.

Justices Vikram Nath and Sandeep Mehta, who form the court’s bench, expressed their discontent with the government’s current stance. Justice Mehta remarked on the need for modernization, stating, “The problem is, the government is not ready to evolve… it’s a very old procedure, things have changed over a period of time.”

The PIL, filed by Advocate Rishi Malhotra, advocates for the adoption of lethal injection or shooting as methods that could execute convicts within minutes. Malhotra emphasized the drawbacks of hanging, describing it as “cruel, barbaric, and lingering.” He pointed out that 49 states in the United States utilize lethal injection, suggesting it as a more humane option.

In addition to the change in execution methods, the petition seeks to establish the right to a dignified death as a fundamental right under Article 21 of India’s Constitution. It argues that current methods of execution infringe upon this right and contravene United Nations resolutions aimed at minimizing suffering during capital punishment.

During a court session in March 2023, the possibility of forming an expert committee to examine the implications of hanging was discussed. This committee would assess factors such as the pain inflicted during the execution process and the resources available for carrying out such a method. Attorney General R Venkataramani later endorsed the idea of this committee to evaluate more humane alternatives to capital punishment.

The matter has been adjourned until November 11, when further hearings will take place regarding the ongoing discussions about execution methods in India. The Supreme Court’s involvement underscores the critical examination of capital punishment practices and their alignment with human rights standards.