Petition has been filed in Supreme Court so as to substitute a time immemorial practice of death by hanging as the mode of execution which is contemplated in section 354 (5) of CrPC as it violation of unenumerated fundamental right viz right to die in a dignified manner and asked the centre to determine other ways of execution.
Three judge bench had upheld the legal acceptability of practice of death by hanging as the mode of execution in 1984. Injection and shooting was suggested as a substitution by Petitioner, However, Justice DY Chandrachud, one of the judges, pointed out that shooting was linked to the authoritarian jurisdiction, while comprehensive research in USA has shown that lethal injection caused severe pain of 45 minutes before an accused died.
While hearing the matter Court consider how constitution changes with time and thereby, observed that “The Constitution of India being an organization and sympathetic constitution identifies goodness of adaptability and openness to change,”. In view of above Court seek the Centre’s reply on the petition.