Why is the Supreme Court questioning the Centre’s reluctance to adopt lethal injection over hanging?

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Why is the Supreme Court questioning the Centre’s reluctance to adopt lethal injection over hanging?

Synopsis

The Supreme Court is challenging the Indian government’s unwillingness to explore lethal injection as a humane alternative to hanging for death sentences. This pivotal discussion highlights the need for reform in execution methods amid evolving societal norms.

Key Takeaways

  • The Supreme Court is questioning the government's reluctance to consider lethal injection.
  • The current hanging method is deemed inhumane and painful.
  • The court is exploring alternatives that align with human dignity.
  • A committee may be formed to examine less painful execution methods.
  • The next hearing is set for November 11.

New Delhi, Oct 15 (NationPress) The Supreme Court has raised concerns regarding the Central government's hesitance to consider lethal injection as a substitute for hanging in the execution of death sentences, noting that it remains resistant to change even as society evolves.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta made these remarks while hearing a public interest litigation (PIL) submitted by advocate Rishi Malhotra, advocating for the replacement of hanging with alternatives like lethal injection, electrocution, shooting, or gas chambers—methods that could lead to death in mere minutes.

The plea asserted that the current execution method in India—hanging by the neck until dead—is inhumane, painful, and cruel.

Justice Vikram Nath highlighted, “The issue is that the government is unwilling to adapt. This is a very outdated method—times have transformed.” This statement followed the Centre’s affidavit, which claimed that offering convicts a choice between hanging and lethal injection might not be practical.

The Union government, in its affidavit, mentioned that the matter involves a policy decision and expressed its disinterest in modifying the existing execution method.

Following the hearings, the Supreme Court has scheduled further discussions on November 11.

The PIL seeks to declare Section 354(5) of the Code of Criminal Procedure (CrPC)—which mandates hanging by the neck until death—as unconstitutional and urges the apex court to recognize a right to a dignified death as part of Article 21 (right to life) of the Constitution.

The petitioner contended that death by hanging can take up to 40 minutes, while lethal injection or shooting results in death within five minutes, thus causing significantly less suffering.

In March 2023, the Supreme Court indicated its openness to establishing a panel of experts to investigate whether there are less painful and more dignified methods of execution than hanging.

During that session, Attorney General R. Venkataramani informed a bench led by then Chief Justice of India (CJI) D.Y. Chandrachud that the government was considering forming such a committee and was in the process of finalizing its members.

At that hearing, the apex court questioned whether scientific and technological advancements could facilitate a transition to methods that align more closely with human dignity and social acceptance.

“Do we possess any data, either domestically or internationally, regarding the circumstances surrounding the execution of death sentences through alternative methods?” it inquired.

The Supreme Court, in October 2017, had issued a notice to the Centre, acknowledging the petitioner’s argument that convicts facing execution should not be subjected to the pain of hanging.

Point of View

This issue reflects a critical moment in India’s judicial evolution. The Supreme Court's inquiry into alternative execution methods demonstrates a necessary shift towards more humane practices in line with contemporary values and human rights.
NationPress
15/10/2025

Frequently Asked Questions

What is the current method of execution in India?
The current method of execution in India is hanging by the neck until death, as prescribed by the Code of Criminal Procedure.
What alternatives to hanging are being considered?
Alternatives such as lethal injection, electrocution, shooting, and gas chambers are being considered as more humane execution methods.
Why is lethal injection proposed?
Lethal injection is proposed as it leads to death within minutes and is perceived to cause significantly less pain compared to hanging.
What is the Supreme Court's stance on this issue?
The Supreme Court has expressed openness to exploring alternative execution methods and has questioned the government's reluctance to change.
When is the next hearing scheduled?
The next hearing regarding this matter is scheduled for November 11.
Nation Press