No Evidence Lethal Injection Is More Humane Than Hanging For Death Sentence: Supreme Court

The petitioner argues that this method violates Article 21 of the Constitution by denying the right to die with dignity.

Who it concerns: Petitioner: Rishi Malhotra & Anr.; Respondent: Union of India; Judge: Mehta, J.

What the court decided

• The Court heard the writ petition challenging the constitutional validity of Section 354(5) CrPC (and corresponding Section 393(5) BNSS).
• The Court noted that the petition was first taken up for consideration on 6th October, 2017.
• The Court observed that constitutional perspectives are not static and that a provision once upheld may require reconsideration in light of scientific and social developments.
• The Court recorded the petitioner's submission that execution by hanging destroys dignity and referred to the dissenting opinion in Bachan Singh regarding suffering.
• The Court observed, prima facie, that the legislature may consider devising alternative methods of execution to avoid unnecessary pain and suffering.

Also in the document

• The judgment text provided is truncated and does not contain the final operative order, relief granted, or dismissal of the petition.
• The Court explicitly stated that the constitutional validity of the death penalty itself is settled law and not the subject of this debate, focusing instead on the method of execution.
• The Court referenced the 1983 decision in Deena v. Union of India, which had previously upheld hanging, but noted that the factual and normative landscape has changed since then.