SC to consider a ‘less painful, more dignified’ method for the death penalty
The Supreme Court of India on Tuesday suggested for creation of an expert committee to examine whether death by hanging is the most suitable and painless method to implement the death penalty. The bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha also asked Attorney General (AG) R Venkataramani to furnish details on whether there is any data or study undertaken regarding the impact and pain caused during death by hanging and whether it is the most suitable method available today. The Judges also said if the government has not undertaken any study, then Supreme Court can form a committee to conduct a study on the matter.
“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, and availability of resources to effectuate such hanging by death. And is today’s science suggesting that this is the best method today or is there another method which is more suitable to uphold human dignity,” said the Bench.
“If the Central government has not done this study, then we can form a committee with experts from national law universities like NLU Delhi, Bangalore, or Hyderabad, some doctors from AIIMS, distinguished people across the country, and some scientific experts,” added the Bench.
The apex court was hearing a petition of advocate Rishi Malhotra to do away with death by hanging and to adopt alternative methods like injection or electrocution which he claimed are comparatively painless. We may still come to the conclusion that death by hanging is appropriate but we need to be aided by a study, the bench noted.
The plea said the Law Commission in its 187th Report had noted that there was a significant increase in the number of countries that abolished hanging and substituted it with electrocution, shooting, or lethal injection. “It had categorically opined that hanging is undoubtedly accompanied by intense physical torture and pain,” said the petition. Malhotra argued that the process in India of hanging till death is absolutely cruel and inhumane.
Justice Narasimha said that there should be dignity in death and it should be as painless as possible and hanging seemed to satisfy the same. “Hanging seems to satisfy both these conditions… Does lethal injection satisfy this count? Union government also says in the USA, it was found that death is not immediate with lethal injection,” 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 foolproof…we have to compare it with hanging,” pointed out petitioner Rishi Malhotra.
“In the US, there is strong evidence about the pain caused by lethal injection. I do a lot of reading on this side,” said the CJI. The petitioner Advocate Rishi Malhotra said that there is hardly any hangman available and for hanging in Delhi and hangman is called from Calcutta, Mumbai. The apex court posted the case for further consideration on May 2, asking the Attorney General to furnish details about death by hanging method.
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It is great idea to consider less painful and more dignified methods in executing the death penalty. But do we not need not need to consider on priority the extremely painful, most undignified and unaccountable time delays in methods of arriving at such decision, more so for those who get acquitted and have the right to live there after.