While there is anger across the country after the alleged gang-rape and then murder of a woman in Hathras, Uttar Pradesh, questions are also being raised about ordering the narco test of the aggrieved party in this case.
The family of the victim girl has refused the narco test and as per the Supreme Court directive, narco test cannot be done without their consent.
In this case, late on October 2, the state government suspended the Hathras Superintendent of Police and some other police officers, and directed the people of both the accused and the victims to conduct narco tests. Later, the state government had also recommended a CBI inquiry into the case.
But the victim’s family is shocked by the government’s directive and is asking the question “Why is our narco test? Does the government feel that we are lying?”
The UP government had earlier constituted the SIT to investigate the matter. It is being told that on the basis of the preliminary report of the SIT, the state government has issued instructions related to narco test.
Questions are also arising as to whether it is lawful to conduct a narco test of the aggrieved party and how acceptable is the authenticity of this test in the eyes of the court?
Legal aspect
As far as the legal aspect of the narco test is concerned, it can be a part of deliberation.
But on May 22, 2010, the Supreme Court stated clearly in a decision that “the narco analysis test can be done only with the consent of the accused or the person concerned. Neither a narco test, nor a test against one’s will.” Neither brain mapping nor polygraph test can be done.”
The Supreme Court had said that any person going through such a process would interfere in personal liberty under Article 21 of the Constitution. The Supreme Court also said that during the polygraph or narco investigation, the investigating agencies must strictly follow the guidelines of the Human Rights Commission.
A petition has been filed in the Allahabad High Court against the government’s directive regarding narco test of the families of the girl victim in Hathras. Petitioner Saket Gokhale says that this decision of the state government is not only illegal, but an attempt by the High Court to stop the aggrieved family from testifying before the court on October 12 in the context of the automatic cognizance taken in this case.
The petition said, “It is against all principles of natural justice to conduct a narco-analysis test of the victim’s family, as they are neither accused in the case nor have they been charged with any crime. An inquiry technique It is a harsh method of coercion to use on the victim’s family. “
The press note issued by the state government on October 2 read, “Along with the above, polygraph and narco tests of all the plaintiffs / defendants involved and police should also be conducted by the judges.”
Not only has the aggrieved party objected to this, but other people are also questioning its rationale. Legal experts are also raising the question that when the narco cannot be tested without consent, how did the government give instructions for it? Does the government want to pressure the kin of the victim’s girl and get them narco tested?
Prabhakar Mishra, a senior journalist from Delhi, who has been reporting legal matters for a long time, says that there is no law in it legally and it is also known to the government that narco cannot be tested without their consent.
Not allowed in court
According to him, “Despite this, if the government has said this, then it should be taken as a symbolic gesture. In fact, the government wants to give this message to the common people that we are also conducting narco test but the family of the victim should do so. It is forbidden from this. This will make the family members of the victim girl in doubt.
Prabhakar Mishra says, “There is no issue in the press note. It has been instructed to include it in the deliberations but it has not been said that it should be done without their consent. Now it is a different matter that they consent to it.” Or not. If you do not give, yet pressure of narco test is made, then in that case it will become a legal issue. “
Supreme Court lawyer Vrinda Grover also fears a ‘political message’ behind the government’s decision and questions the rationale of the narco test.
Vrinda Grover says, “The narco test, the polygraph test has no meaning. It is not acceptable in court. It cannot be part of deliberation because it is not considered by the court. It has no value in the court. Important It is that you take the statement, check it with different aspects and record the statements of the people who are related to it. The same things will be used as arguments in the court. “
“It is strictly forbidden by the Supreme Court and it is not acceptable there. It is a way to confuse the matter and try to divert the attention of the people. The government wants to give this message to the common people that these people are narco They are not conducting tests, it means they are lying. It is only raising the victims in the box. “
Narco test is a kind of lie-catching technique in which some medicines or injections are given to the person concerned. Usually for this, sodium pentothol is injected, leaving the person in a state of paralysis.
It is believed that in this situation he gives correct answers to the questions because due to half-heartedness, the person is not able to use his mind much and is not in a position to deliberately fabricate lies. Although this technique is based on scientific experiments, but scientists claim that it is not 100 percent.