Supreme Court Allows Project 39A To Intervene In PIL Challenging Execution Of Death Penalty By Hanging

The Supreme Court on Tuesday allowed Project 39A of National Law University-Delhi to intervene in a PIL seeking to abolish the present practice of executing a death row convict by hanging and to replace the same with less painful alternatives. The PIL was being heard by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. 

At the outset, the court decided to adjourn hearings in the matter owing to the Attorney General's absence today. Senior Advocate Meenakshi Arora, appearing for Project 39A sought intervention in the matter which was allowed by the bench. 

Earlier, the Supreme Court had expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate. While pondering upon better alternatives to determine if there were more humane ways to execute death penalty, CJI DY Chandrachud had asked AG Venkatramani to come back with data on issues such as impact of death by hanging, pain caused, the period taken for such death to take place, availability of resources to effectuate such hanging by death etc. He had also asked if there was another method which was more suitable to uphold human dignity. Thinking out loud, the CJI had stated in the last hearing that an expert committee could be formed with experts from National Law Universities, doctors from AIIMS, and scientists to determine the issue.

The PIL seeks to abolish the present practice of executing a death row convict by hanging which involves “prolonged pain and suffering” and to replace it with intravenous lethal injection, shooting, electrocution or gas chamber in which a convict could die in just a matter of minutes.

The petitioner-in-person, Advocate Rishi Malhotra has argued that when a man is hanged, his dignity stands lost and that dignity, even in death was necessary. The petitioner has submitted that a convict whose life has to be ended, should not have to suffer the pain of hanging as "nothing can be equated with dignity in death". As per the petitioner, the course of events in other countries shows that hanging was slowly being abandoned as a method of executing the death penalty. He has contended that 36 states in the USA have already abandoned the practice of hanging. To establish the cruel and barbaric nature of death by hanging, he provided examples of cases where death row convicts had to be left hanging for two days as they slowly strangulated. He said–

"Our own armed forces law provides for two choices- either by shooting or by hanging. These provisions are missing in our CrPC provisions...It (death by hanging) is neither quick, nor humane- 30 mins the body keeps hanging till the doctor checks if the person is dead or not."

In his petition, Malhotra relied on Gian Kaur Vs State of Punjab (1996), Deena v. Union of India (1983) and two reports of the Law Commission in his support.

Case Title : Rishi Malhotra vs Union of India W.P.(Crl.) No. 145/2017

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