Once again a unique and serious petition was heard in the Supreme Court against the provision of death penalty i.e. hanging in the country. The court has outright rejected the petition seeking to replace the traditional method of hanging with a less painful and humane alternative. The Supreme Court said in clear words that it is not appropriate to demand such changes in the methods of punishment decided within the ambit of law and misuse the court process. After this big decision of the Supreme Court, the debate has once again intensified whether there is any scope for change in the methods of giving death penalty in India or not.
What was the demand and arguments for alternative to death penalty in the petition?
In this PIL filed before the Supreme Court, it was mainly argued that under the Indian Penal Code and the existing criminal justice system, killing the accused by hanging is an extremely cruel, painful and outdated system. On behalf of the petitioner’s lawyer, it was argued that in many modern countries of the world, poisonous injections or other such methods are used to give death penalty in which the person has to suffer at least physical torture or suffering. The petition demanded that in India also, some less painful scientific and humane method should be legally recognized as an alternative to hanging so that the convicted criminal does not have to go through extreme pain.
Why and how did the Supreme Court and the division bench of judges reject the petition?
The Supreme Court bench hearing the case listened to the issues raised in the petition very seriously, but also expressed strong objection to the arguments and intentions of the petitioner. The court clearly commented that it is not justified to question the methods of death penalty prescribed under the provisions of the law and the Constitution and to seek interference in it without solid legal basis. The judges said that the courts of the country deliver verdicts and execute sentences as per the rules made by the Parliament and lawmakers. While rejecting this petition, the court also said that judicial time should not be wasted by repeatedly filing petitions in such cases.
Constitutional and legal history of capital punishment in India
The provision of death penalty for rarest of the rare cases i.e. extremely heinous crimes has been in place in the Indian justice system for centuries. Even before this, legal challenges have been raised in the Supreme Court several times regarding injection or other methods as an alternative to hanging. However, the country’s highest court has every time held that hanging is constitutionally valid and does not fall in the category of cruelty. The courts have also believed that this punishment given to criminals in cases like terrorism, treason or massacre and rape committed with extreme cruelty gives the message of justice and security in the society.
Can the rules of death penalty change in India in future?
After this latest decision of the Supreme Court, it has become very clear that there is no possibility of any change in the rules or methods of death penalty in India in the near future. Unless the Parliament passes any new law in this regard or brings any major statutory amendment, the old and established process of hanging the culprits will remain legally applicable in the country. This decision has also completely put an end to all those speculations that India too could adopt a new option by softening the methods of death penalty on the lines of Western countries.