Answer

Introduction

The Supreme Court has reiterated that involuntary narco-analysis tests violate constitutional safeguards, reaffirming earlier jurisprudence on personal liberty and fair trial. The ruling highlights serious concerns over coercion, bodily autonomy, and the reliability of such techniques in India’s criminal justice system.

Body

Constitutional Concerns Associated with Narco Tests

• Self-incrimination: Forced narco tests compel accused persons to reveal information against their will.
  Eg: SC in Selvi vs State of Karnataka (2010) held involuntary narco tests violate Article 20(3).
• Personal liberty: Administration of drugs intrudes upon bodily autonomy and decisional privacy.
  Eg: SC linked narco tests to Article 21 protections.
• Due process: Results lack evidentiary reliability and procedural fairness in criminal trials.
  Eg: Narco-test outcomes inadmissible as evidence.
• Consent ambiguity: Consent obtained in custody is often coercive, undermining voluntariness.
  Eg: Custodial power imbalance highlighted by SC.

Ethical Concerns Associated with Narco Tests

• Human dignity: Chemical interrogation reduces individuals to investigative tools, eroding dignity.
  Eg: Ethical objections noted in SC’s Selvi v. State of Karnataka judgment (2010).
• Scientific unreliability: Drugs used in narco tests can distort cognition, causing responses to blend memory, imagination, and suggestion, making outcomes unreliable.
• Abuse potential: Reliance on narco tests may encourage custodial coercion and investigative shortcuts, bypassing rigorous evidence-based policing.
• Medical ethics: Doctors conducting narco tests violate medical ethics and the principle of non-maleficence, as the procedure can harm patients without therapeutic benefit.

Overcoming These Concerns

• Consent safeguards: Permit narco tests only with voluntary, informed consent under strict judicial supervision, ensuring no coercion.
• Modern forensics: Invest in DNA, cyber, and financial forensics to enable evidence-based investigations without coercive methods.
• Police training: Improve investigative skills without reliance on coercive techniques.
  Eg: Police modernization schemes like “Assistance to States & UTs for Modernization of Police (ASUMP)”.
• Rights-based policing:  Embed constitutional values in interrogation protocols.
  Eg: NHRC custodial guidelines .

Conclusion

Narco-analysis reflects investigative desperation rather than justice delivery. Upholding constitutional morality requires scientific policing, ethical interrogation, and institutional accountability. By investing in forensic capacity and rights-based procedures, India can ensure effective investigations without compromising civil liberties or human dignity.

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