Hanging to death not as inhuman as lethal injection, Government to SC
New Delhi, April 24: The Central government on Tuesday told the Supreme Court that death by hanging is not as "barbaric, inhuman and cruel" as an execution by firing squad or lethal injection.
Supporting a legal provision that a death row convict would only be hanged to death, the Ministry of Home Affairs told a bench headed by Chief Justice Deepak Misra that death by hanging was "quick, simple" and free from anything that would unnecessarily sharpen the poignancy of the prisoner.
"Execution, as contemplated under section 354(5) of the Code of Criminal Procedure, is not barbaric, inhuman and cruel as well as in compliance with safeguard no. 9 of the resolutions adopted by the United Nations Economic and Social Council (ECOSOC)," said the affidavit filed by the ministry.
The affidavit came while responding to a PIL filed by advocate Rishi Malhotra challenging the constitutionality of hanging to death as a mode of execution, “Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall "be hanged by the neck till he is dead."
The apex court had termed the Constitution as a "compassionate and organic" guiding book and asked it to consider changing the law so that a convict, facing death penalty, dies in peace and not in pain.
The affidavit of the ministry further stated: "Lethal injection, which is believed to be painless, has also been contested on the ground that it may lead to uncomfortable death wherein the convict is unable to express his/her discomfort because of paralysis by the paralytic agent injected. It is believed by many that lethal injection, as is practised currently, is designed to create only an appearance of serenity and painless death."
It added that such injections, if made available, can be misused, and also ruled out the option of execution by a firing squad contending that it was not "fail-safe" and can be extremely painful if shooters miss the heart by accident or by intention.
"Hanging with more advanced procedures is far safer than techniques such as lethal injections... the procedure by which a death sentence is to be executed is dependent upon a variety of factors such as economic feasibility, availability of skilled and technical personnel, equipment and resources, rate of botched executions," the affidavit said, adding that the mode of execution is a "matter of legislative policy".
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Bombay HC to form high-powered committee on Mumbai air pollution
Mumbai (PTI): The Bombay High Court on Thursday said it would form a high-powered committee to oversee the compliance of measures to tackle air pollution in the Mumbai region, noting that the efforts taken so far by state and civic authorities are insufficient.
It was not criticizing anyone but wanted to ensure that "people should live in pure air," said a division bench led by Chief Justice Shree Chandrashekhar.
The HC had in October 2023 taken suo motu cognizance of the rising pollution in the metropolis "which was ranging between good, satisfactory, moderate poor, very poor and severe", the bench noted.
Directions were issued by the court on November 6, 2023, and suggestions were made for short-term, mid-term and long-term measures.
Since then, the HC has made observations expressing dissatisfaction about the steps taken by the Mumbai and Navi Mumbai civic bodies, the judges said.
The Maharashtra Pollution Control Board (MPCB) is simply "sailing on its affidavits," but the steps purportedly taken by it were not sufficient, the court stated.
Air pollution in Mumbai has not decreased, in fact it was reported to be very severe in December, said the judges.
"We have apprised ourselves of the previous orders, and find that compliances so far made by (municipal) corporations and MPCB are not sufficient and satisfactory," the court said.
The authorities might have taken serious steps but their results were not visible, it added.
The court expressed inability to examine all the affidavits filed by the municipal corporations and MPCB and reports submitted by an expert committee (formed in 2023), citing the "rising number of dockets and limited hours and time."
After hearing all the parties at length, the high court decided to form a high-powered committee led by a former Supreme Court judge to monitor the compliance of measures to tackle air pollution in Mumbai and the surrounding areas.
The committee should meet on a daily basis, the court said, adding that its members should be provided necessary facilities.
The bench also referred to a suggestion that the citizens affected by pollution should be compensated.
The lawyer for the Navi Mumbai Municipal Corporation said there are existing statutory bodies to look into this aspect.
"Maybe there are statutory bodies formed in Maharashtra, but then we have not come across any suggestion or action taken by such a body in the present proceedings..." the court said, adding that it was inclined to give "some powers" to the committee.
The court is expected to finalize the names of the committee members in its written order.
