Centre Tells Supreme Court It Is Reviewing Humane Painless to Hanging in Death Penalty

The Central government has informed the Supreme Court of India that it is examining, at the highest level, whether the death penalty should continue to be carried out by hanging or be replaced with a more humane and painless method.

Attorney General R Venkataramani made this submission before a Bench of Justices Vikram Nath and Sandeep Mehta. He stated that the government is actively considering the issue and may take a policy decision after due examination.

The Court was hearing a petition filed by Senior Advocate Rishi Malhotra, which challenges the constitutional validity of Section 354(5) of the Code of Criminal Procedure. This provision mandates that a person sentenced to death shall be executed by hanging till death.

The petitioner argued that hanging is outdated, cruel, and violative of the right to life with dignity under Article 21 of the Constitution. He suggested that alternatives like lethal injection, which are followed in several other countries, should be considered. He also referred to Law Commission reports and submitted that, at the very least, convicts should be given a choice between hanging and other methods.

On the other hand, Senior Advocate Meenakshi Arora, appearing for Project 39A, pointed out that lethal injection has not always proved to be a reliable or humane alternative. She supported the idea of forming an expert committee to study all available methods in detail.

After hearing all sides, the Supreme Court reserved its order and directed the parties to file written submissions within two weeks.