The Supreme Court on Tuesday directed centre to form a committee to find a better alternative to hanging as a death penalty.
The supreme court bench headed by Chief Justice DY Chandrachud and Justice PS Narasimha heard the Public Interest Litigation to abolish hanging as a death penalty and consider other alternative forms such as Lethal injection, Electrocution or shooting. As these other methods kill a convict in a matter of few minutes than the prolonged and painful death by hanging.
Plea by Advocate Rishi Malhotra
Public Interest Litigation filed by Advocate Rishi Malhotra quotes Article 21 of the Indian Constitution that “Right to Life includes the Right to have a dignified death with less pain and suffering”.
The CrPC (Code of Criminal Procedure, 1973) states in section 354(5) that “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead”.
Mr. Malhotra states that when a person is hanged to death his dignity is compromised. He further says that a person has the right to die with dignity and when it is destroyed the right to live with dignity is tainted.
Advocate Malhotra quoted Bachan Singh Vs State of Punjab in his plea which reads “The physical pain and suffering involving the execution of death sentence is inhumane and no less cruel”.
Hanging is not Humane Death
When a person is hanged, if the drop is very short the death occurs by strangulation .It will be a very slow and painful death. If the length of the rope is too long, the neck will be nearly cut off. Since these alternative ways result in a convict’s death in a matter of minutes as opposed to the drawn-out and painful hanging process.
The convict goes through agonising experience the day before execution of being measured for length of the drop, neck measurement, body measurement, weight, etc.
Mostly the idea of hanging is death by breaking of the neck. But in many cases, due to various reasons the death does not necessarily occur by breaking the neck. Instead in some instances, the death occurs due to Strangulation or Asphyxia (a condition when the body is deprived of oxygen, ultimately leading to death).
It takes approximately 15 to 20 minutes for a body for complete death to occur. And during the time of execution by hanging, the person urinates, defecates and struggles for breath. This shows the intensity of pain and suffering during death by hanging.
Humane Death Penalty Hanging :Lethal Gas and other alternatives
Many American states have declared that hanging is a cruel practice and they have changed to other alternative methods such as lethal gas, gas chamber, electrocution, etc.
In the Indian Army, Navy and Air force, the death penalty is either hanging by tying rope around the neck or by shooting, stated Mr. Malhotra in his PIL.
The court observed that Lethal injection is painful and cruel and shooting is barbaric in nature. And hanging is the most common death penalty around the world.
The bench observed that a less painful and cruel way should be found for providing the death penalty.
CJI further directed the Centre should form a committee comprising of doctors, researchers, and experts from National law university to discuss the issue”.
View more : https://tdznkwjt9mxt6p1p8657.cleaver.live/sc-seeks-centre-to-find-a-more-humane-death-penalty-than-hanging/
