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SC Upholds Hanging as Death Penalty Method Under Article 21
The Supreme Court upholds the constitutional validity of hanging as a mode of executing the death penalty while deciding a PIL. The Court holds that hanging, when properly administered, does not violate the right to dignity under Article 21 and notes Parliament’s retention of hanging in the BNSS.
Supreme Court on Hanging as Mode of Execution:
| Dimension | Key Details |
|---|---|
| Article 21 | Article 21 provides for the right to life and personal liberty, and includes the principle of living and dying with dignity. |
| BNSS provision | Section 393(5) of the BNSS provides that a death sentence shall direct that the person “be hanged by the neck till he is dead.” |
| Deena v. Union of India (1983) | In Deena v. Union of India (1983), a three-judge Bench upholds hanging as constitutionally valid. |
| Deena (1983): mechanism described | In Deena (1983), properly administered long-drop hanging is described as intended to cause rapid unconsciousness through cervical injury. |
| Deena (1983): Article 21 compatibility | In Deena (1983), hanging is considered compatible with Article 21 and the requirement of execution with decency and dignity. |
| Gian Kaur v. State of Punjab (1996) | Gian Kaur v. State of Punjab (1996) recognises the concept of the right to die with dignity in the context of the right to life. |
| Arguments against hanging | Arguments against hanging comprise physical pain and suffering, unpredictability of outcome, and risks from short drop (asphyxiation) or excessive drop (severe injury). |
| Evidence cited against reliability | A study of 34 historical executions in England (1882-1945) is cited to challenge the reliability of hanging. |
| Law Commission of India report | The 187th Report (2003) of the Law Commission of India recommends introducing lethal injection as an alternative method of execution, and its recommendations are recommendatory, not binding. |
| Supreme Court reasoning on alternatives | The Supreme Court holds that no alternative method, including lethal injection, electrocution, lethal gas, or shooting, is established to be clearly superior. |
| Parliamentary choice cited by Court | The Supreme Court considers Parliament’s decision to retain hanging in the BNSS as significant. |
| Standard for execution | The Supreme Court holds that execution must be carried out with decency, dignity, and without degradation or brutality. |