New Delhi, [25 July 2023]

The Supreme Court has granted permission to Project 39A of National Law University-Delhi to intervene in a Public Interest Litigation (PIL) seeking to abolish the present practice of executing death row convicts by hanging and replace it with more humane alternatives. The PIL, being heard by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, has sparked discussions about the dignity of death and the need for less painful execution methods.

Senior Advocate Meenakshi Arora, representing Project 39A, successfully sought intervention in the matter, which was allowed by the bench. The court, however, decided to adjourn hearings due to the absence of the Attorney General on the day of the hearing.

Earlier, the Supreme Court had expressed its inclination to constitute an expert committee to assess whether the execution of the death penalty through hanging was proportionate and humane. Chief Justice DY Chandrachud had raised crucial questions about the impact of death by hanging, the pain caused, the duration of the process, and the resources required for such executions. He had also pondered over the feasibility of exploring other methods that uphold human dignity.

The PIL filed by Advocate Rishi Malhotra aims to end the practice of hanging, citing it as causing "prolonged pain and suffering." Instead, the petitioner proposes alternatives like intravenous lethal injection, shooting, electrocution, or gas chamber, which are known to result in a quicker and potentially less painful death.

To support his case, Advocate Rishi Malhotra highlighted that many countries, including 36 states in the USA, have abandoned hanging as an execution method. He emphasized that preserving human dignity, even during the execution of a convict, is essential. The petitioner referred to landmark judgments and Law Commission reports to bolster his argument.

The court's consideration of less painful execution methods has significant implications for the country's approach to capital punishment and aligning it with international standards. The possible constitution of an expert committee, comprising experts from National Law Universities, doctors from AIIMS, and scientists, indicates a serious examination of the issue.

The case, titled Rishi Malhotra vs. Union of India W.P.(Crl.) No. 145/2017