New Delhi: The Supreme Court on Wednesday said that brain mapping, narco-analysis or lie detector tests is unconstitutional
because it is an unwarranted intrusion on the individual's rights. A bench headed
by Chief Justice K G Balakrishnan said: " "We are of the considered opinion that
no individual can be forced and subjected to such techniques involuntarily." The
apex court said these tests are violative of Article 23, which protects a person
from being forced to give evidence against himself. The apex court also said that
certain safeguards must be there for consented narco test. These intrusive tests
violate a suspect's 'right to privacy' that forms part of right to life and liberty,
a fundamental right guaranteed under Article 21, they contend. Investigative agencies
have been defending the use of these tests saying it is necessary to deal with
organised crime and terrorism and to crack complicated cases. This move can come
as a setback to several high profile cases, like the Arushi murder case, Ruchika
Girhotra case etc.
