A bench headed by the Chief Justice had mentioned one of the elements may very well be to have a look at the matter from the purpose of view of science and expertise (File Photo. Reuters)
“Do we have any data either in India or overseas relating to the circumstances as they transpired in the execution of sentence of death with alternate methods?” the bench queried
The Centre on Tuesday knowledgeable the Supreme Court that the federal government is contemplating appointing an knowledgeable committee to look at whether or not a much less painful methodology of execution than hanging by the neck, for prisoners on dying row, might be discovered.
Attorney General (AG) R. Venkataramani, representing the Centre, submitted earlier than a bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justice J.B. Pardiwala that deliberations are happening and if the court docket would take up the matter after per week, then he can return with a response.
“I’ve recommended (forming a committee) and we’re working in direction of that and gathering some names,” he said.
The Chief Justice, recording Venkataramani’s statement, said that “the AG states that the government is considering the appointment of committee”, and scheduled the matter for additional listening to in July.
On March 21, the Supreme Court mentioned it was open to arrange a panel of consultants, whereas asking the Centre to provoke a dialogue and accumulate related data to look at if there’s a much less painful methodology different to hanging by neck to execute the dying penalty.
A bench headed by the Chief Justice had mentioned one of the elements may very well be to have a look at the matter from the purpose of view of science and expertise.
He additional added that’s there a way which is per human dignity and socially acceptable, based mostly on in the present day’s data of expertise and science?
“Do we now have any information both in India or abroad relating to the circumstances as they transpired within the execution of sentence of dying with alternate strategies?” the bench queried.
The apex court was hearing a writ petition by advocate Rishi Malhotra seeking a direction for quashing of the provision contained under Section 354(5) of the Criminal Procedure Code as ultra vires the Constitution and especially Article 21 being discriminatory and also in contravention of the constitution bench judgment in Gian Kaur’s case.
Malhotra had contented that he is challenging the method of execution of death sentence in India — by hanging by neck till the prisoner is dead.
The plea, citing Kaur’s judgment, said: “the Right to Life including the Right to Live with human dignity would mean the existence of such a right up to the end of natural life. This also includes the right to a dignified life up to the point of death including a dignified procedure of death. In other words, this may include the right of a dying man to also die with dignity when his life is ebbing out.”
The apex court docket, in October 2017, had issued discover to the Centre noting the rivalry of the petitioner that the convict whose life has to finish as a result of of the conviction and the sentence shouldn’t be compelled to undergo the ache of hanging.
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