Supreme Court Refuses to Halt Death Penalty by Hanging

New Delhi, August 19: The Supreme Court has denied a request to halt the method of execution by hanging in the country. The court has allowed the government and other relevant parties to discuss and explore alternative methods of execution that are practical and scientifically validated, apart from hanging.

A bench comprising Justices Vikram Nath and Sandeep Mehta refused to issue any judicial order to change the method of execution by hanging. The Supreme Court was hearing a petition filed in 2017 by senior advocate Rishi Malhotra, which challenged the constitutional validity of the provision for death penalty by hanging under Section 354(5) of the Criminal Procedure Code (now replaced by BNS).

The bench declined to reconsider an earlier Supreme Court ruling that deemed hanging an appropriate method for death sentences in “the rarest of rare cases.” The petitioner sought a review of the 1983 constitutional bench decision in the case of “Dina Dayal vs. Government of India,” which upheld hanging as constitutionally valid.

On Tuesday, the Supreme Court stated that the central government is free to consider alternatives to hanging that would maintain the dignity of death row inmates and minimize their suffering. Malhotra argued that the right to die with dignity is an essential part of the right to life, asserting that hanging is a cruel and barbaric method of execution.

The petition suggested that hanging should no longer be used as a method of execution, advocating for alternatives like lethal injection, as practiced in some other countries. Malhotra urged the court to adopt more humane options, including allowing death row inmates to choose their method of execution.

During the hearing, the Supreme Court also sought the opinion of senior advocate Meenakshi Arora, associated with Project 39A, a criminal justice program that provides legal assistance and representation to death row inmates. Arora recommended referring the matter to an expert committee, noting that lethal injection has not proven to be very successful.