The Supreme Court of India recently observed that it will re-examine the method of carrying out the death penalty in the country, as it heard a plea seeking to replace the traditional practice of execution by hanging with more “humane” alternatives such as lethal injection. The plea also urged that death row convicts should be given the right to choose how they die.
The petitioner argued that hanging is a “cruel, barbaric, and lingering” form of execution, often taking up to 30–40 minutes for death to occur, causing immense pain and suffering. In contrast, methods like lethal injection or firing squad are said to cause death within minutes and are practiced in several other countries.
Advocate Rishi Malhotra, appearing for the petitioner, contended that even the Indian military allows the option of a firing squad for those sentenced under military law. He urged the court to consider extending a similar right to civilians, in the interest of human dignity and constitutional morality.
The Central Government, however, opposed the proposal, arguing that the suggested alternatives are “not feasible” and that the method of execution falls within the realm of policy, which should be determined by the legislature and not the judiciary.
After hearing both sides, the Supreme Court bench noted the importance of the issue and remarked that it requires detailed deliberation on medical, ethical, and legal grounds. The court has scheduled the next hearing for November 11, when the matter will be taken up again for further consideration.
This case once again brings into focus the long-standing debate over capital punishment in India — balancing the need for justice and deterrence with the principles of humanity and the right to a dignified death.
