Lethal Jab Instead Of Death By Hanging? Court Says "Problem With Centre Is..."

The Supreme Court has taken a dim view of the government's opposition to a suggestion that convicts on death row be given an option of lethal injection as a mode of execution.

The court was hearing a public interest litigation seeking replacement of the traditional death-by-hanging with lethal injection, or at least to give condemned individuals the ability to choose.

"At least give an option to the condemned prisoner... whether they want hanging or lethal injection... lethal injection is quick, humane, and decent, as opposed to hanging, which is cruel, barbaric, and lingering," advocate Rishi Malhotra, appearing for the petitioner, said.

It was further pointed out that such an option is given in the military.

The government's counter-affidavit, however, said an option is 'not feasible'.

Then the bench of Justice Vikram Nath and Justice Sandeep Mehta made an oral observation, that the government is 'not ready to evolve with changes taking place over a period of time'.

"The problem is that the government is not ready to evolve ... it is a very old procedure (referring to death by hanging) things have changed over a period of time," he said.

At this point, senior advocate Sonia Mathur, appearing for the government, highlighted its averment in a counter affidavit that said offering prisoners' a choice involves policy decisions.

The matter was then adjourned till November 11.

'Prolonged pain'

The petitioner argued the present practice involves 'prolonged pain and suffering'.

The argument was also for it to be replaced with lethal injections, or even firing squad, electrocution or gas chamber, in all of which an individual could die in minutes.

This, it was argued, is in sharp contrast to death by hanging, which could take 40 minutes.

It was also pointed out that 49 of 50 states in the US used lethal injections.

Specifically, the petition sought directions to declare Section 354(5) of the Criminal Procedure Code as being 'discriminatory and violative of Article 21 of the Constitution (which protects the right to life) and also in contradiction of the Supreme Court verdict in the Gian Kaur case.

It also asked for the 'right to die by a dignified procedure of death as a fundamental right, as guaranteed under Article 21.

Death by hanging was also slammed as 'barbaric, inhuman, and cruel, (and) also against resolutions adopted by the United Nations', which categorically said that is capital punishment had to be enforced, 'it shall be carried out so as to inflict minimum possible suffering'.

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