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"...maybe we can create a committee, we're just thinking. We can have National Law Universities on the committee, they have professors who have much knowledge on this subject..", the bench further mulled.
The Supreme Court today asked the Central Government to provide it with relevant information on the process of death penalty by hanging.
Court has 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.
A CJI Chandrachud led bench has further sought data on alternate methods used in other countries.
The observations were made by the Supreme Court while hearing a plea seeking painless procedure for death convicts other than hanging.
Advocate Rishi Malhotra, the petitioner argued before the bench also comprising Justice Narasimha 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 further told the bench.
While taking court through the process of hanging, the petitioner advocate 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 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."
CJI Chandrachud observed on the aspect of lethal injections that as per some reports on lethal injections, some persons had "really suffered before succumbing to the injection".
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 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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