Judicial Review of Capital Punishment: Evaluating the Constitutional Validity of Hanging

The Supreme Court of India recently dismissed a petition challenging the constitutionality of execution by hanging, reaffirming the current legal framework for capital punishment. The plea had argued that hanging is a cruel and degrading practice, advocating for more 'humane' alternatives such as lethal injection. While the Court declined to strike down the existing method, the verdict carries significant weight regarding the intersection of state-sanctioned punishment and the fundamental right to dignity. Central to the Court’s observation is the principle that the state’s power to execute must be balanced against the constitutional mandate of human dignity, even for those on death row. By noting that its decision does not preclude the Centre from reviewing the method through an expert body, the judiciary has effectively shifted the onus onto the executive branch. This suggests that while the judiciary is hesitant to mandate a change in the mode of execution, it acknowledges that the current method may require a scientific and ethical re-evaluation to align with evolving standards of decency.