Wednesday, May 5, 2010

The jurisprudence verdict

Law is a living process,it transmutes according to swings in society ,ethics and so on...the jurisprudence should assimilate development and advances that take place in science as long as such advancement do not contravene fundamental legal principles and are directed for the good of the society...after all the essence of jurisprudence lies in protection of human rights.


The supreme court ruling termed narco analysis and polygraph test on accused persons ,"illegal and violation of human rights"..if conducted without the consent of the accused...
One of the facets of the article 20 (3) of the constitution of india provides right to the accused against self incrimination.more appropriately ,the article 20 (3) provides the right to be silent and that he cannot be compelled to incriminate himself .The apex court appellation of narco analysis as "illegal and violation of human rights" conducted without consent of accused is definitely scoring high on humanistic grounds but on the otherhand is the evident stake in public interest in the face of fact finding being efficiently ,speedily and accurately conducted..

The verdict to interdict narco -analysis ,polygraph and other forcible means of investigation could add upto sacrificing the swiftness of administrative body.the verdict also states that such means of investigation cannot be used even in major cases ,including terror related ones,serial killings...as they violate the fundamental right of the citizen . But the verdict is definitely arguable on the grounds that those who will benefit from it are hardened criminals who have no regard for societal and human values.

1 comment:

  1. ok thats really an impressive n thought provoking reflection,and such an ealy age,so keep it up ,God Bless.
    Grow more Knowledgable[:)]
    love you.

    ReplyDelete