These tests surely dislodge the mental capacity of a person to some extent on a permanent basis, and should not be used as a routine test. But for organised crime like terrorism, mass blood shed, or nerve shocking crime where the morality of the society can be questioned, I believe it is justified. Cuz, there is no question of an innocent being framed there. And even if the accused becomes retard after the tests, the very heinous nature of the crime justifies the usage. So it should be totally on the discretion of court and any plea to use these tests should be scrutinized by a panel of lawyers, human rights people, doctors to assess health impact and atleast 2 common man including a senior citizen!
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ABHINANDAN KUMAR, Assitant Marketing Manager-Chronic Care, MSD pharmaceuticals pvt ltd
| 05 06 2010 13:20:25 +0000
Narco Analysis, Brain Mapping, and Ploygraph test can be taken as one of the method to know the truth from the victims and can also be given legal acceptance because it has been proved from past test and observation done on several patients and victims. But! I strongly oppose that our officials should not depend 100% on these techniques as because there are other techniques such as DNA finger printing and DNA analysis etc depending up on the type of issues, even lie detection can be also be used. Therefore my conclusion is to some extent we can depend on these techniques and as they are used in the process of truth analysis therefore some importance in the form of legal acceptance can be acceptable.
By
Chandra shekhar, Technical Writer/Quality Assurance, CMMI 3 Software Company, Hyderabad
| 05 06 2010 12:20:53 +0000
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I think, narco analysis, should not get the legal acceptance. The so called "truth serum" has many untold bitter truths lying underneath and also has the strong violation of basic HUMAN RIGHTS. It involves torture and may cause the severe trauma to the person undergoing this test. It has started way back in 1950' but has got hyper publicity after 11/7 US bomb blast wherein they used this test on the suspected individuals. It raises the questions on ethical conduct of doctors. According to WMA's revised Tokyo declaration states that "Physicians shall not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures, whatever the offence of which the victim of such procedure is suspected, accused or guilty, and whatever the victim's beliefs or motives, and in all situations, including armed conflict and civil strife.". The UN's definition of torture has four components: (a) it is an act causing severe physical and mental pain and suffering, that is (b) intentionally inflicted (c) for a certain purpose (information, confessions etc.), and carried out (d) by an official actor. Thus the torture during such investigations may lead to the faulty finding because of the manner in which this investigation demands behavior of investigative officer. In many cases we can not merely rely on the machines. They may give wrong results due to several components. In fact we Indians in general have the tendency to run after the magic things first without interrogating it further and the boom of narco analysis is one of them. The medical professionals in India has not guided in ethical conduct apart from the Hippocratic Oath. This might be the reason even medical professional do not raise any objection against such cruel actions and happily indulge in doing same. If it gets legal acceptance then it will be bad fate for a common man because who knows the so called efficient police department will not use it on common man?
By
Dr. Girish nalini, Director and Heald: Health-Sonrisas De Bombay, (MHA- TISS, PMP,-Mumbai)
| 05 15 2010 12:54:36 +0000
no never i thinks the supreme court delay to declare that this test are not legal.Because according to our laws the any evidence given by unconsciouss ,insane person is not consider .in these all test the mental condition of the person is not good he is unconscious at the time of qutn/ans. so how we can thake and consider information given by him. Its only timepass in all to hide the insufficiency of our crime investigator. ITS VERY INTERESTING THAT THE PERSON WHAT EVER TOLD IN THESE TEST DENY EACH N AVERYTHING ON NEXT DAY WHEN HE IS CONCIOUSS. WE LHAVE LOT OF EXAMPLES.REALLY ITS GREAT DECISION THAT THESE TEST ARE ILEGAL
By
gajanan D. nakate, (Legal Officer, Pharma (B.pharm LLB )
| 05 07 2010 05:13:20 +0000
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