NEW DELHI: The Supreme Court has criticised the Centre for opposing the proposal to administer a lethal injection instead of hanging to convicts sentenced to execution. The court was hearing a public interest litigation (PIL) seeking to replace the traditional method of execution with lethal injection.

"At least give an option to the condemned prisoner whether he wants hanging or lethal injection...lethal injection is quick, humane and decent, as opposed to hanging, which is cruel, barbaric and lingering...for 40 minutes, the body lingers on the rope," said Rishi Malhotra, appearing for the petitioner. He also pointed out that such an option is given in the army. However, the central government has clarified in its counter-affidavit that such an option is not possible.

The court, examining the government's position, observed, "Problem is, the government is not ready to evolve...it's a very old procedure, things have changed over a period of time." The observation was made orally by a bench of Justices Vikram Nath and Sandeep Mehta.

The pleader argued that the current method of execution involves 'prolonged pain and suffering'. The petitioner argued that it should be replaced with intravenous lethal injection, shooting, electrocution or a gas chamber in which a convict could die in just a matter of minutes. It was argued that these methods are better than hanging, which takes about 40 minutes. The pleader pointed out that 49 out of 50 states in the United States have adopted the method of lethal injection.

The petition sought a direction to the government to declare Section 354(5) of the Penal Code, which states that a person is hung by the neck till he is dead, as discriminatory and in violation of Article 21 of the Constitution. The petition also said that the right to die with dignity should be declared a fundamental right. The petition criticized the death penalty as being against the resolutions adopted by the United Nations. The petition also said that the death penalty should be carried out in a manner that causes the least suffering possible.

However, Senior advocate Sonia Mathur argued in the Supreme Court on behalf of the government that allowing death row prisoners to choose between hanging and lethal injection is a policy decision. The case was then adjourned to November 11.