NEW DELHI, Mar 21: The Supreme Court on Tuesday asked the Centre to “reflect and respond” whether hanging for execution of death penalty was “humane.”
“Is there any other method that is far more consistent with human dignity? Does hanging pass the test of proportionality?” remarked the bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha.
The suggestion came during the hearing on a PIL seeking a ban on the punishment of death by hanging with the petitioner arguing that the punishment was “cruel, inhumane and violated principles of human dignity.”
“We would need to consider all aspects – what is the current scientific knowledge and what were the actual facts of the incidents cited,” remarked the bench, after advocate Rishi Malhotra, who is the petitioner in the matter, cited reports where death row convicts had suffered injuries or took several minutes to die.
The petition has sought the court’s orders on using “other methods” to carry out the death penalty, such as lethal injection, firing squad or the electric chair.
“Lethal injection is not necessarily the more painless method of executing the death penalty… What research have you done, one which is the chemical that should be added?” asked the CJI.
The court also noted that execution by firing squad was a practice “in earlier days” and was considered a quick method but has been considered “a way by dictatorial military regimes to get rid of political opponents.”
“We are asking that since 1983 was there any scientific study conducted on painless methods for execution of the death penalty?” Justice Narasimha asked the Attorney General. Attorney General R Venkataramani said he would “get instructions from the government” on the issue.
“Please see if there is any data on the execution by hanging – the time taken for death, the pain caused to the prisoner, the resources required for the system etc. The second issue is, if we look at it from a scientific angle – is it still the best method based on today’s knowledge of technology and science? Are there better or more humane methods?” asked the court.
The bench also asked the AG to consider “data from other countries, regarding death by hanging or alternative methods used.” “Does the government have any data or should we form such an expert panel to consider these issues?” asked the bench.
The bench also suggested that it could pass orders to set up a panel of researchers from the National Law Universities, doctors from AIIMS or other hospitals and other experts on the matter,” in case it was required. “We may yet come to the conclusion that the current situation is still the best,” suggested the CJI.
The matter will now be taken up by the court on May 2.
(Manas Dasgupta)
