In a landmark hearing that could reshape India’s approach to capital punishment, the Supreme Court of India has concluded arguments on a petition seeking humane alternatives to hanging as the method of execution. The bench, after intense deliberations, has reserved its judgment, signaling a potential shift in how the death penalty is administered.
Senior advocate Rishi Malhotra, who filed the petition in 2017, argued passionately that hanging is a cruel, inhumane, and outdated practice. He highlighted how the process inflicts prolonged suffering on the condemned, often leading to slow asphyxiation and excruciating pain. Malhotra proposed lethal injection as a viable alternative, emphasizing its swift and relatively painless effect, as adopted by numerous countries worldwide.
The plea specifically demands that convicts be given the choice between hanging and injection, underscoring the need for dignity even in death. This comes at a time when global standards on human rights in executions are evolving rapidly.
Representing the Centre, Attorney General R Venkataramani informed the court that a high-level committee has been constituted to examine alternative methods. However, the government maintained its stance that hanging remains the quickest and most secure method under current laws, particularly as outlined in the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure.
The bench expressed visible displeasure at the government’s reluctance to adapt, remarking that the Indian Constitution is a living document that must evolve with time. Justices emphasized the right to a dignified death, aligning it with constitutional values of compassion and humanity.
Multiple hearings have taken place since the petition’s filing, with the court now directing both parties to submit written submissions within three weeks. This case holds immense significance, as India continues to grapple with the ethics and methods of capital punishment amid international scrutiny. As the verdict looms, legal experts anticipate a ruling that could modernize India’s penal system.
