Overview
- A bench of Justices Vikram Nath and Sandeep Mehta said the government is "not ready to evolve" after the Centre called offering condemned prisoners a choice of lethal injection "not very feasible."
- The Union maintained that any change to the mode of execution is a policy decision, reiterating earlier filings that defended hanging as "quick" and "simple."
- Petitioner Rishi Malhotra seeks to strike down the provision prescribing hanging and to permit alternatives such as lethal injection, shooting, electrocution or gas chamber, citing Article 21 and international standards.
- The court referenced earlier steps toward expert review, noting the Attorney General’s 2023 recommendation to form a committee and the Centre’s plan to report the committee’s status.
- The plea challenges the hanging mandate now carried in Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita, with the next hearing scheduled for November 11.