Tuesday, May 4, 2010

SC Holds Narcoanalysis, Brainmapping Tests Unconstitutional

In a major blow to investigating agencies, the Supreme Court on Wednesday declared as "illegal" use of narcoanalysis, brainmapping and polygraph tests on suspects. Narco, polygraph or brainmapping tests cannot be conducted on any person, whether an accused or a suspect, without their consent, the SC’s judgement said. "We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty," a bench headed by Chief Justice K G Balakrishnan said. The apex court said that involuntarily subjecting an accused, a suspect or a witness to such techniques violates Article 20 (3) of the Constitution, which prohibits self-incrimination. Forcing an individual to such methods of investigation violates the scheme of legal process, it said, adding that even if such tests are taken voluntarily then also results cannot be used as evidence unless corroborated by other evidence. However, the bench also comprising Justices R V Raveendran and Dalveer Bhandari said if anything obtained by the investigators from such techniques in which a person had volunteered, the agencies can use them for further probe. The court further observed that in conducting the polygraphy test, the investigating agencies have to follow strictly the guidelines laid down by the National Human Rights Commission (NHRC). The apex court had on January 25, 2008 reserved its order on a batch of petitions challenging investigation techniques like brain mapping, lie detection and narcoanalysis as being illegal and unconstitutional, especially in cases where accused are opposed to them. The judgement assumes significance as the investigating agencies have been using narcoanalysis, brain-mapping and polygraph tests in a number of high-profile cases involving fake stamp paper kingpin Abdul Karim Telgi, Nithari killings accused, Arushi murder case suspects as well as parents of the teenager.

SOURCE: TOI

Public Outrage Reformed The Aadhar Project

By
Ram K Kaushik

One of the aspects that irritate me a lot is the attitude of Indian government towards the civil liberties of Indian citizens. Why is it always that the government of India always wakes up when public spirited citizens vehemently oppose its repressive and unconstitutional acts or omissions?

Two of such recent projects that were based upon this mentality of Indian government are national intelligence grid (Natgrid) and aadhar project of India/UID project of India. Both of these projects were stalled after protests by public, especially by techno-legal experts like Praveen Dalal.

Firstly, it was Natgrid that was stalled after stiff protests. Now even the aadhar project is facing difficulties and it may not proceed further till a law supporting the same is enacted by Parliament of India. Fortunately, we have some heroes who have finally convinced the government of Indian to enact law regarding aadhar project of India.

However, the real question is why the government of India always needs a shock to wake up and why cannot it take help of people in advance whose suggestions and recommendations it subsequently accepts?

SOURCE: CIO

Heroes Who Saved Aadhar Project Of India

Aadhar project of India was never constitutional and legal. However, the government was confident that it would be successful in imposing the same upon Indian citizens. At this stage some public spirited individuals rose up to the occasion and forced the Indian government to reconsider its decision. Now as per the latest news, the government of India has agreed to enact a law for Aadhar project of India.

Let us see the heroes who saved Aadhar project of India from governmental arbitrariness and lawlessness.

The first and most obvious choice is the Aadhar Project Watch Initiative founded by Praveen Dalal, the leading techno-legal expert of India and a civil liberty expert of India. The suggestions and recommendations of Aadhar Project Watch Initiative of India have been finally accepted by the government of India. The government has finally agreed to enact a law to back UID Project of India or Aadhar Project of India. There was a growing dissatisfaction among the masses in India regarding the way Aadhar project has been implemented in India. Civil liberty experts like Praveen Dalal have been suggesting that aadhar project of India is illegal and unconstitutional in the absence of a legislative framework. According to Praveen Dalal, the UIDAI must not use public funds till provisions regarding the same are incorporated in the law to be formulated by Parliament of India.

It is good to see that government of India has once again accepted the suggestions that are pertinent for the successful implementation of aadhar project of India. It would be even better if techno-legal experts like Praveen Dalal are inducted into the process of law making so that both technical as well as legal aspects can be suitable incorporated into the proposed law.

Others have also raised their voices against the present form of aadhar project. For instance, V.K.Singh has given a very good account why aadhar project of India is unconstitutional. Gunjan Singh has explained that hit and trial attitude of India is the real cause of failure of these projects. Ram K Kaushik has outlined the importance of aadhar watch project of India in streamlining the efforts of UIDAI. He has also analysed the legal position when citizens of India can take recourse of private defense against the State if projects like Natgrid, Aadhar, etc are imposed upon them.

These people are the real heroes who have played a great role in strengthening the civil liberties of Indian citizens. Interestingly, aadhar is not the first project that has been opposed to by Indians. Previously, even Natgrid project was objected to and the government finally accepted the suggestions of Praveen Dalal in this regard. Let us hope that India will learn from these incidences before trying any new hit and trial project in India.

Aadhar Project Of India Would be Regulated By Law

It seems the suggestions and recommendations of Aadhar Project Watch Initiative of India have been finally accepted by the government of India. The government has finally agreed to enact a law to back UID Project of India or Aadhar Project of India. There was a growing dissatisfaction among the masses in India regarding the way Aadhar project has been implemented in India. Civil liberty experts like Praveen Dalal have been suggesting that aadhar project of India is illegal and unconstitutional in the absence of a legislative framework. It is good to see that government of India has once again accepted the suggestions that are pertinent for the successful implementation of aadhar project of India. It would be even better if techno-legal experts like Praveen Dalal are inducted into the process of law making so that both technical as well as legal aspects can be suitable incorporated into the proposed law.