Supreme Court of India
Rishi Malhotra v. Union of India
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What the Court ordered
We are of the considered view that the petitioner has failed to place any material before this Court which would justify doubting the correctness of view taken in Deena (supra) or to demonstrate that the aforesaid view has lost its efficacy or stands diluted by subsequent constitutional, scientific or empirical developments.
Judgment, page 44
In brief
The petitioner, an advocate, filed a public interest writ petition under Article 32 challenging Section 354(5) CrPC (now Section 393(5) BNSS), which prescribes hanging by the neck as the sole mode of executing a death sentence, as violative of Articles 14 and 21, and sought a declaration of a right to die by a dignified procedure. He relied on the Law Commission's 187th Report (2003), which described hanging as accompanied by intense physical torture and pain and recommended lethal injection as an alternative, and on the military statutes (Army, Air Force and Navy Acts) which permit death by shooting as an alternative mode.…
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