Thread by @LawBeatInd

#SupremeCourt hears a plea seeking painless procedure for death convicts other than hanging.

Petitioner: Death by dignity is a fundamental right. When a man is hanged, his dignity is lost. A convict whose life has to be end, he should not have to suffer the pain of hanging.

Court is taken through the process of hanging.
#deathpenalty #SupremeCourt

Petitioner: Body of condemner should be left hanging till the medical practitioner says that life is extinct.
#deathpenalty #SupremeCourt

#CJIDYChandrachud led bench is further told that other countries are slowly moving away from the process of hanging a death convict.
#deathpenalty #SupremeCourt

Petitioner: Death sentence should be carried out by a method which causes least amount of pain and avoids torture.
#deathpenalty #SupremeCourt

Petitioner: There have been cases where death row convicts had to be left hanging for two days as they slowly strangulated.
#deathpenalty #SupremeCourt

Petitioner relies on dissenting judgement of Justice Bhagwati in Bachchan Singh case.
#deathpenalty #SupremeCourt

Justice Narasimha: 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.
#SupremeCourt

CJI: We have to see what is the current scientific knowledge..
Advocate Rishi Malhotra: Please see the 187th Law Commission Report.
CJI: We cannot tell the legislature that this particular method, but you can certainly argue that this less painful method can be adopted...

Malhotra: USA has adopted lethal injection.
CJI: have you seen some of the reports on lethal injections, some of these persons have really suffered before succumbing to the injection..
#deathpenalty #SupremeCourt

CJI: On what basis that Law Commission say that lethal injection is not lingering death and people becomes unconscious instantly.. what research have you done on lethal injections? What is the chemical that should be used?
#deathpenalty #SupremeCourt

CJI: Also there is another way of looking at it, if here is absolutely not painless way of death penalty, then the mode of execution is unconstitutional. and if you dont have a valid mode of execution, then the whole thing is challenged..
#deathpenalty #SupremeCourt

Malhotra takes court through the process of administering a lethal injection.
#deathpenalty #SupremeCourt

AG Venkataramani appears before the bench on behalf of the UoI.
CJI to AG: There is a report submitted after a death penalty is executed by the medical officer/ superintendent, what does this report say?
#deathpenalty #SupremeCourt

CJI: burden is on the Union to conduct studies constantly, and if you have not done this in the past, then..
#deathpenalty #SupremeCourt

AG : I can come back with an update on this..
#deathpenalty #SupremeCourt

CJI: Attorney General, maybe you can come back to us so that we have better data before us on the process. Also, on technology and science, is there a method far more consistent with human dignity, and third we have any data in India or other countries on alternate methods..

CJI: Or 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..

CJI: Also, we have to see if the present method passes the test of proportionality, because this was not seen in Dina judgment.. because we must have some scientific data before we relook the provision.
#deathpenalty #SupremeCourt

AG: Let me come back with some updated perspective, I am sure govt would be interested in looking into it.
CJI: We will keep it for the end of May, we will give you enough time, we are not passing an order right now, we also need some clarity, we will just keep it on May 2, 2023

Painless Procedure For Death Penalty Other Than Hanging| SC Asks Centre To Provide 'Scientific Data'

Report by @AishwaryaIyer24
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