The Supreme Court declined a petition seeking an alternative painless method to hanging for the execution of the death penalty but left open the possibility of future constitutional scrutiny if compelling evidence is presented.
On Tuesday, the Supreme Court dismissed a plea filed by an advocate challenging the constitutionality of Section 354(5) of the Code of Criminal Procedure, which pertains to hanging till death. The court's decision did not preclude future examination of the issue, as it noted that compelling scientific, medical, or empirical evidence regarding alternative execution methods could warrant further consideration.
During the hearing of the petition, the bench of Justices Vikram Nath and Sandeep Mehta stated that their judgement does not restrict the Union government from reviewing the existing method of execution through an expert panel. The mandate of this panel would be to evaluate whether an alternative method could better serve the constitutional objective of minimizing unnecessary pain while preserving the dignity of condemned prisoners.
The petition, filed in 2017, had sought to recognize the right to a dignified method of execution as a fundamental right. It argued that the execution process by hanging can take over 40 minutes before the convict is declared dead, compared to shooting, which takes only a few minutes, or lethal injections, which can be completed within five minutes. The plea also contended that death by hanging is barbaric, inhuman, cruel, and violates the United Nations Economic and Social Council resolution that stipulates carrying out capital punishment should inflict minimum possible suffering.
In October, the Supreme Court had expressed reservations about the government's reluctance to consider alternative methods of execution. It criticized the government for opposing the suggestion to provide convicts facing the death penalty the option to choose a lethal injection as a mode of carrying out their punishment.
Source:
Scroll.in
