Introduction

Last week the Supreme Court asked the Centre for data that could point to a more dignified, less painful, and socially acceptable method of executing prisoners other than death by hanging. A Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha even mooted the setting up of an expert committee to relook at India’s method of carrying out the death penalty.

The alternatives that were discussed included death by lethal injection, lethal gas, and firing squad, among others. The court was hearing a petition filed by advocate Rishi Malhotra challenging the constitutionality of death by hanging as a mode of execution. Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”. Malhotra argued that there was a need to evolve a “humane, quick and decent alternative”. He termed hanging as “cruel and barbarous” compared to lethal injection.

So, is death by hanging a “cruel and barbaric”? Are there more ‘humane’ methods of execution? Is the goal of protection of human dignity and eliminating cruelty compatible with any mode of execution – that is, with capital punishment itself? 

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