New Delhi: The Central Government on Wednesday informed the Supreme Court that introducing lethal injection as an alternative to hanging for death row convicts would not be “practically feasible,” maintaining that the existing system remains effective and lawful.
The observation came during a hearing before a bench of Justices Vikram Nath and Sandeep Mehta, which was examining a petition calling for the replacement of the current mode of capital punishment — death by hanging — with what was described as a more humane and modern alternative.
Petitioner Seeks Option for Death Row Convicts
Senior advocate Rishi Malhotra, who has been pressing for reform since 2017, argued that convicts sentenced to death should at least be allowed to choose between hanging and lethal injection.
Malhotra said that lethal injection is considered more humane and efficient, adding, “Forty-nine of the 50 U.S. states have adopted lethal injection as the standard practice. Hanging, in contrast, subjects the body to prolonged suffering — the person remains suspended for nearly 40 minutes.”
Court Observes Centre’s Reluctance to Change
In response, the Centre’s counsel stated that the idea of offering an option may not be workable. “It has been noted that providing such a choice is not very practical,” the lawyer told the court.
To this, Justice Mehta remarked, “The problem is that the government is unwilling to move with the times. Methods and standards evolve — but we seem hesitant to adapt.”
The court noted that the government’s stand appeared unchanged from its earlier submission, where it maintained that the matter falls under policy discretion, not judicial direction.
Committee to Examine Alternatives Still Under Review
Referring to previous proceedings, the Centre’s counsel cited the Supreme Court’s May 2023 order, which recorded Attorney General R. Venkataramani’s assurance that the government was considering forming a committee of experts to study alternative execution methods and their impact.
When asked about the status of that committee, the Centre said it would seek further instructions before the next hearing. The bench has scheduled November 11 as the next date for proceedings.
Background of the Case
Earlier, in March 2023, the Supreme Court had hinted at setting up a team of medical and legal experts to assess whether death by hanging causes unnecessary pain and if less cruel methods could be implemented. However, the bench clarified that the judiciary cannot compel the legislature to adopt a specific execution method.
Malhotra’s public interest litigation (PIL), filed in 2017, had urged the adoption of alternative means such as lethal injection, electrocution, gas chamber, or firing squad, arguing that they would align India’s penal system with international human rights norms.
The Centre, however, has consistently defended the Indian Penal Code’s provision for hanging, asserting in 2018 that all known methods of capital punishment cause pain and that no technique can be considered entirely humane.
