SC Questions Centre on Execution Method, Seeks Humane Alternative to Hanging

• By Thetripurapost Desk, New Delhi
• Oct 15, 2025
• 563

The Supreme Court on Wednesday expressed strong displeasure over the Centre’s refusal to consider an alternative to hanging as the method of executing death row convicts.

The apex court was hearing a public interest petition seeking the replacement of the traditional death penalty by lethal injection or granting prisoners the right to choose between the two.

Advocate Rishi Malhotra, appearing for the petitioner, argued that prisoners should have the right to opt for a “swift, humane, and dignified” death through lethal injection instead of “cruel and prolonged” hanging, which can take up to 40 minutes. He further pointed out that the military already offers this option to its personnel.

However, senior advocate Sonia Mathur, representing the Centre, maintained that such a choice is a matter of policy, and offering it is “not practically possible.”

The petition also contended that Section 354(5) of the Criminal Procedure Code (CrPC) — which mandates death by hanging — violates Article 21 (Right to Life) of the Constitution and runs contrary to the Supreme Court’s landmark judgment in Gian Kaur vs. State of Punjab, which recognised the right to die with dignity as part of the right to life.

It further argued that methods such as lethal injection, firing squad, electrocution, or gas chamber could ensure quicker and less painful executions.

The petitioner noted that 49 out of 50 U.S. states use lethal injection as the standard method, urging the court to recognise “dignified death” as a fundamental right under Article 21.

The bench, while noting the government’s reluctance, observed the need to revisit the country’s execution protocols to ensure that the process of death penalty aligns with constitutional principles of dignity and humanity.