Supreme Court Rejects Plea to Replace Hanging with 'Less Painful' Death Penalty Methods

In a significant ruling on capital punishment, the Supreme Court of India has formally dismissed a petition seeking to replace the traditional method of death by hanging with supposedly less painful alternatives, such as lethal injection, electrocution, or gas chambers. A bench comprising Justices Vikram Nath and Sandeep Mehta upheld the constitutional validity of execution by hanging, ruling that hanging will remain the legally mandated method of capital punishment in the country for the time being.Arguments in the Petition: Citing Dignity and Human SufferingThe public interest litigation (PIL), filed by advocate Rishi Malhotra, challenged Section 354(5) of the CrPC, arguing that hanging by the neck is a cruel, inhuman, and excessively painful process that violates the fundamental right to die with dignity under Article 21 of the Constitution.The petition contended that while hanging can take up to 40 minutes to induce death, alternative methods like lethal injection or shooting complete the process within minutes. Citing United Nations resolutions that advocate for execution methods causing the least physical suffering, the petitioner urged the court to declare hanging unconstitutional and refer previous landmark judgments to a larger bench. However, the apex court observed that no compelling legal grounds warranted such a referral.Supreme Court’s Observations and Future ScopeWhile upholding the current practice, the Supreme Court clarified that its verdict does not permanently bar future constitutional challenges. The bench noted that if substantial scientific, medical, or empirical evidence emerges in the future to prove that technological and medical advancements have altered the premise of older rulings like the Deena case, a fresh inquiry could be initiated.Furthermore, the court noted that the Central Government remains free to constitute an expert committee to comprehensively review alternative methods of execution if it deems fit.Government Stand and Court's RemarksRepresenting the Central Government, Attorney General R. Venkataramani and Senior Advocate Sonia Mathur argued that determining execution methods involves complex policy decisions and that giving convicts an option to choose their method of execution is practically unfeasible.During earlier hearings, the bench had expressed reservations regarding the government's hesitation to explore modern alternatives, observing that administrative processes must evolve with time. Nonetheless, with the dismissal of the current petition, death by hanging remains the sole constitutional mode of executing capital punishment in India.