New Delhi: The Supreme Court on Tuesday dismissed a Public Interest Litigation (PIL) seeking to abolish the current system of execution by hanging and replace it with "less painful" methods—such as lethal injection, shooting, electrocution, or gas chambers.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta stated that the court found no substantial grounds to refer the matter to a larger bench for reconsidering the constitutional validity of Section 354(5) of the CrPC (or Section 393(5) of the BNSS). While dismissing the petition filed by Senior Advocate Rishi Malhotra in 2017, the bench clarified that the Central Government is entirely free to review the existing method.
The court also clarified that this decision is not final; the issue could be reconsidered in the future if concrete scientific evidence emerges. The bench noted that the Central Government could, if it wishes, review the current system by constituting a committee of experts from fields such as law, forensic medicine, neuroscience, and criminology, with the aim of minimizing unnecessary suffering while upholding the dignity of the prisoners.
Citing the 187th Law Commission Report, the petitioner had argued that lethal injections are used in 49 out of 50 US states, whereas hanging involves prolonged suffering; therefore, the "right to a dignified death" under Article 21 of the Constitution should be granted. Conversely, the Central Government defended the hanging process in its affidavit, asserting that it is the safest and fastest method. The Centre argued that methods involving injections or shooting could prove to be more cruel and inhumane if complications arise during the procedure.