SC to Examine Legality of Hanging as Execution Method
The Supreme Court of India will hear a pivotal plea in January 2025 questioning whether executing death row convicts by hanging violates constitutional rights. The case could reshape India’s capital punishment system, sparking debates on human dignity, execution methods, and Article 21 protections.
Why the Plea Challenges Hanging
Advocate Rishi Malhotra filed the petition in 2017, arguing that hanging is a “cruel, barbaric, and unconstitutional” practice under Article 21 (right to life with dignity). The plea advocates for lethal injection or firing squads as alternatives.
Currently, Section 354(5) of the CrPC mandates hanging for executions. The last hanging in India was the 2020 execution of 2012 Delhi gang-rape convict Akshay Thakur at Tihar Jail.
Key Legal & Ethical Questions
- Human Rights Violation? Does hanging cause excessive suffering, breaching UN human rights norms?
- Outdated Method? Most countries (e.g., U.S., China) use lethal injection—should India modernize?
- Constitutional Fit? Does hanging align with expanded interpretations of Article 21, which now bars torture?
Senior advocate Anand Grover (for the petitioner) asserts:
“The state must ensure executions aren’t cruel or degrading. Science and jurisprudence demand reevaluation.”
The Centre defends hanging, calling it “quick and painless” in a 2018 affidavit, citing expert claims of “instantaneous death.”
Global Execution Trends
- ✅ Lethal Injection: Common in U.S. but criticized for botched procedures.
- ❌ Electric Chair/Gas Chamber: Mostly abolished as inhumane.
- 🔫 Firing Squad: Legal in some U.S. states (e.g., Utah) and nations.
Potential Outcomes
A ruling against hanging could:
– Force Parliament to amend CrPC for alternative methods.
– Revive debates on abolishing the death penalty entirely.
– Influence global human rights standards.
Public Reaction
- Rights Activists: “If executions exist, minimize suffering,” says PUCL’s Kavita Srivastava.
- Victim Advocates: “Focus on justice, not convicts’ pain,” argues Nirbhaya Jyoti Trust.
Next Steps
The January hearing may lead to:
✔ Legislative reforms or
✔ Status quo affirmation.
The verdict will impact India’s justice system and international human rights discourse.
— By [Your Name], Senior Legal Correspondent
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