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Supreme Court: Senior advocate Rishi Malhotra argued that lethal injection is more humane and civilized than hanging.
Supreme Court: The Supreme Court on Wednesday questioned the Central Government about the possibility of changing the current method of hanging. This case was related to a petition in which the option of lethal injection was proposed for the convicts instead of hanging. Senior advocate Rishi Malhotra argued that lethal injection is more humane and civilized than hanging, because during hanging the convict has to hang on the rope for about 40 minutes, which is cruel and barbaric. He also mentioned that lethal injection has been adopted in 49 out of 50 US states. Hearing this case, the bench of Justices Vikram Nath and Sandeep Mehta asked the government to consider it. Justice Mehta suggested that the Central Government should seriously consider Malhotra’s proposal. However, the Centre’s counsel argued that it may be practically difficult to give an option to the culprits. Justice Mehta said that the problem is that the government is not ready to change with time, whereas things have changed with time. Further hearing on this issue will continue.
Things should change with time
Justice Mehta suggested the lawyer representing the Center to advise the government on Malhotra’s proposal to provide an alternative to death row convicts. The Centre’s counsel said that it has also been mentioned in the counter affidavit that giving an option may not be very practical. Justice Mehta said that the problem is that the government is not ready to change with time. Things have changed with time. The lawyer cited the order passed by the Supreme Court in May 2023 in this case. In that order, the bench asked Attorney General R. Venkataramani’s statement was noted that the government is considering constituting a committee to review the issues raised in this matter. The Centre’s counsel said they would take instructions from the government about what happened with respect to the committee. The bench fixed the next hearing of the case on November 11. In March 2023, the apex court had said that it may consider constituting a committee of experts to examine whether the hanging is proportionately less painful.
Debate on ending the current practice of hanging
The court had sought better data from the Center on issues related to the method of hanging. However, the bench had made it clear that it cannot direct the legislature to adopt any particular method of punishing the accused. Malhotra had filed a PIL in 2017 seeking to end the existing practice of executing death row convicts by hanging and replacing it with less painful methods such as intravenous lethal injection, shooting, electric shock or gas chamber. In 2018, the Center had strongly supported a legal provision that only death row convicts would be hanged. The bench was told that other methods of hanging like lethal injection and shooting are no less painful. This affidavit was filed in response to a PIL which cited the 187th report of the Law Commission and advocated removal of the current method of hanging from the law.
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