Introduction
Advocate Rishi Malhotra launched a Public Interest Litigation (PIL) to abolish death by hanging and replace it with less painful alternatives like lethal injection or electrocution. According to the argument, a considerable rise in the number of nations replacing hanging with electrocution, shooting, or death injection was observed by the Law Commission in its 187th Report. The Central Government has told the Supreme Court that an expert committee is being constituted to determine whether hanging is the most appropriate and painless way to carry out the death punishment. Section 354 of the Code of Criminal Procedure (CRPC)’s definition of the death penalty.
Court Decision
The Indian Supreme Court decided to investigate if hanging is the most suitable and painless mode of execution. It requested information from the government regarding the many aspects of hanging, including the element of suffering, during the hearing.
Recommendation and Suggestions of Court
The Supreme Court recommended that a committee be formed, comprised of experts from national law universities such as NLU Delhi, Bangalore, or Hyderabad, some doctors from AIIMS, notable people from across the nation, and some scientific experts and that it submit a report on the most appropriate and painless method of capital punishment. It also recommended that it provide information on whether any data or studies have been conducted regarding the impact and pain caused during death by hanging and whether it is the most appropriate method.