ANALYSIS OF NARCO-ANALYSIS AS A SERIOUS DANGER TO THE VIOLATION OF HUMAN RIGHTS: WEAPON OF POWER OR TOOL FOR ABUSE?
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Abstract
This paper seeks to determine the constitutional validity of narcoanalysis tests and its misuse with regard to the application of Forensic Science, which has brought about serious contentions pertaining to the violations of the right against self-incrimination and the very right to privacy, both guaranteed as fundamental rights under the Indian Constitution. Whilst the dubious practice of such tests, are being carried on for a large number of decades, there is however, no denying the serious misuse of the same, especially when perceived through the eyes of torture, wherein the practice of narcoanalysis raises a host of medical, ethical and legal issues. The main object of this research paper is to deal with the constitutionality pertaining to the practice of such tests alongside its utility in the process of investigation and the barrage of interpretations given by the judiciary with regard to the aforementioned concept. The current research paper also plays an imperative role in establishing the aspect of self-incrimination as perceived by various international jurisdictions and international conventions, while taking into account the aspect of forensic science. In totality, this paper plays a crucial role in analyzing the concept of narcoanalysis through the application of Forensic Science, and determining whether the aforementioned concept is in loggerheads with the aspect of fundamental rights and the various principles pertaining to the aspect of natural justice.
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