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On the last hearing, Court was told that other countries were slowly moving away from the process of hanging a death convict, like USA, that had adopted administering a lethal injection.
Attorney General R Venkataramani informed the Supreme Court today that the Central Government is deliberating forming a committee to look into the issue of painless procedure of death penalty other than hanging.
"We are deciding on who should be made part of such a committee, looking at names. I will be able to give a clearer picture soon", AG Venkataramani told a CJI Chandrachud led bench.
Hearing this, the bench also comprising Justice JB Pardiwala ordered to list the matter in July.
In March, the Supreme Court had asked the Central Government to provide it with relevant information on the process of death penalty by hanging.
Court had also asked the government to look into the aspect of technology and science, to check if there is method far more consistent with human dignity other than hanging a convict. Further data was also on alternate methods used in other countries.
These directions were made by the Supreme Court while hearing a plea seeking painless procedure for death convicts other than hanging.
Advocate Rishi Malhotra, the petitioner had argued before the bench that death by dignity is a fundamental right.
"When a man is hanged, his dignity is lost. A convict whose life has to end, he should not have to suffer the pain of hanging", Malhotra had further told the bench.
While taking court through the process of hanging, the petitioner advocate had submitted that the body of a condemner should be left hanging till the medical practitioner says that life is extinct.
Submitting that other countries were slowly moving away from the process of hanging a death convict, Court was told that USA has adopted administering a lethal injection.
To this Justice Narasimha had said, "The question of dignity is not in contest, the question of causing least pain is also not in contest. The question remains is, what is the best possible way as per science. It is a matter of medical science, not the analysis of a legal provision."
The bench was further of the opinion that if there is absolutely no painless way of death penalty, then the mode of execution is unconstitutional and if there is no valid mode of execution, then the whole aspect of death penalty can be challenged.
Thus, while directing the Attorney General to come to court with some data, the bench had also considered setting up a special committee consisting of National Law Universities whose professors may have much knowledge on the subject.
Case Title: Rishi Malhotra vs. Union of India
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