Supreme Court Refuses To Ban ‘Hanging Till Death’ As Execution Method

The Supreme Court on Tuesday refused to prohibit ‘hanging till death’ as a mode of execution in India. It allowed the Union government and other stakeholders to examine viable, scientifically established alternatives.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta declined to issue a judicial direction replacing hanging for now.

The court was hearing a petition filed by Senior Advocate Rishi Malhotra in 2017. He challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC), now replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The bench declined to revisit its earlier ruling that upheld hanging as a valid method for executing death sentences in the rarest of rare cases.

Malhotra had sought a review of the Supreme Court’s 1983 Constitution Bench ruling in Deena Dayal versus Union of India.

The judgment had upheld hanging as constitutionally valid.

The court said the Union government could consider alternative methods in the future.

Such options should seek to preserve the dignity of condemned prisoners and minimise suffering.

Malhotra argued that the right to die with dignity forms part of the right to life. He described hanging as cruel and barbaric. His petition sought a more humane alternative, including lethal injection or allowing condemned prisoners to choose their preferred method.

During the hearing, the court sought the views of Senior Advocate Meenakshi Arora, associated with Project 39A, which provides legal aid and representation to death-row prisoners.

Arora recommended referring the issue to an expert committee. She noted that lethal injection had not proved highly successful.

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