Centre Not Keen To Adopt Lethal Injection As Mode Of Execution: SC

New Delhi: The Supreme Court on Wednesday observed that the issue is that the Centre is not ready to evolve, after the Union government said it would not be "very feasible" to give the option to convicts on death row to opt for lethal injection as a mode of execution. The matter came up for hearing before a bench comprising Justices Vikram Nath and Sandeep Mehta.

Senior advocate Rishi Malhotra, who has filed the petition, submitted that at least an option should be given to the prisoner, whether he wants to be hanged or lethal injection should be a mode of his execution. The bench suggested Centre's counsel to advise the government on Malhotra's proposition regarding providing an option to the death row convict.

Malhotra contended that he will demonstrate that the best way is lethal injection because 49 out of 50 states in the USA have adopted lethal injection. Malhotra said execution by administering lethal injection was quick, humane and decent as compared to hanging, which was cruel and barbaric as the body lies lingering on the rope for around 40 minutes.

Citing the counter affidavit in the matter, the Centre's counsel said that this may not be very feasible to give an option, and it was a policy decision, and the government can take a call on that.

"The problem is that the government is not ready to evolve over the period of time... Things have changed over a period of time", observed the bench.

The apex court's attention was drawn to its May 2023 order passed in the matter. The top court had noted Attorney General R Venkataramani's submission that the government was considering the appointment of a committee to review the issues sought to be raised in the matter.

The Centre's counsel said instructions would be sought regarding the formation of the committee. After hearing submissions, the top court has scheduled the matter for further hearing on November 11. The bench was hearing a plea seeking the removal of the present mode of execution of death row convicts by hanging from the statute.

In 2023, the top court had said it may consider setting up a committee of experts to examine whether execution of death row convicts by hanging was proportionate and less painful and sought "better data" from the Centre on issues pertaining to the mode of execution.

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