The Supreme Court of India has suggested the formation of an expert committee to examine whether death by hanging is the most suitable and painless method to implement death penalty. The Court has also asked the Central government to furnish details on whether there is any study undertaken regarding the impact and pain caused during death by hanging and whether it is the most suitable method available today. The Court was hearing a plea field by advocate Rishi Malhotra to do away with death by hanging and to instead adopt comparatively painless methods like injection or electrocution.
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The plea said the Law Commission in its 187th Report had noted that, there was a significant increase in the number of countries where hanging has been abolished and substituted by electrocution, shooting or lethal injection as the method of execution. It had categorically opined that hanging is undoubtedly accompanied by intense physical torture and pain, the plea said.
If the government has not undertaken such a study, then it is suggested to form a committee to conduct a study into the same. It can have experts from two national law universities like NLU Delhi, Bangalore or Hyderabad, some doctors from AIIMS, distinguished people across the country and some scientific experts. We may still come to the conclusion that death by hanging is appropriate but we need to be aided by a study, the Court stated.
“There should be dignity in death and it should be as painless as possible and hanging seemed to satisfy the same. Hanging seems to satisfy both these conditions... Does lethal injection satisfy on this count? The Union government also says in USA it was found that lethal injection, death is not immediate. We have to see if death by hanging satisfies the test of proportionality or whether there is another method which can be adopted so that death by hanging can be declared as unconstitutional," remarked the bench.
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Join Lawyers Directory!The Court posted the case for further consideration on May 2 while asking the Attorney to furnish details about death by hanging method.