No viable alternative to hanging, centre tells court 

No viable alternative to hanging, centre tells court 

Context

There is no viable method at present other than hanging to execute condemned prisoners. Lethal injections are unworkable and often fail, the Centre told the Supreme Court on Tuesday

Backdrop

• The government was responding to a query from the court on alternative modes of execution
• Dignity in death: The court had previously said a condemned convict should die in peace and not in pain. A human being is entitled to dignity even in death

Adopt painless methods

Issuing notice, the court had asked the government to consider the the “dynamic progress” made in modern science to adopt painless methods of causing death

Centre’s response

Additional Solicitor-General PinkyAnand, while seeking more time to file a detailed affidavit, orally submitted that “today, there is no viable method other than hanging.”

Petitioner’s view

Petitioner-in-person and advocate Rishi Malhotra countered that death by lethal injection is practised in several States in the U.S. and even the Law Commission of India had recommended lethal injection

Death penalty unquestioned

The court has already clarified that it is not questioning the constitutionality of death penalty, which has been well-settled by the apex court, including in Deena versus Union of India and earlier in the Bachan Singh case reported in 1980

• Section 354 (5), which mandates death by hanging, of the Code of Criminal Procedure has already been upheld
• A relook: However, the Bench had, in an earlier hearing, favoured a re-look at the practice of hanging to death as “the Constitution of India is an organic and compassionate document which recognises the sanctity of flexibility of law as situations change with the flux of time”.

What is the petitioner seeking?

The court is hearing a writ petition filed by Delhi High Court lawyer Rishi Malhotra, who sought the court’s intervention to reduce the suffering of condemned prisoners at the time of death

• Malhotra said a convict should not be compelled to suffer at the time of termination of his or her life

“When a man is hanged to death, his dignity is destroyed,” Mr. Malhotra submitted