Role of Prisoners and Convicts under the Criminal Justice ...

NARCOANALYSIS/POLYGRAPH/BRAIN MAPPING:-
In Selvi Vs State of Karnataka, (2010) 7 SCC 263, the Supreme Court has declared Narcoanalysis,
Polygraph test and Brain Mapping unconstitutional and violative of human rights .. This decision is quite
unfavourable to various investigation authorities as it will be a hindrance to furtherance of investigation and
many alleged criminals will escape conviction with this new position. But the apex court further said that a
person can only be subjected to such tests when he/she assents to them. The result of tests will not be
admissible as evidence in the court but can only be used for furtherance of investigation.
With advancement in technology coupled with neurology, Narcoanalysis, Polygraph test and Brain
mapping emerged as favourite tools of investigation agencies around the world for eliciting truth from the
accused. But eventually voices of dissent were heard from human rights organizations and people subjected
to such tests. They were labelled as atrocity to human mind and breach of right to privacy of an individual.
The Supreme Court accepted that the tests in question are violative of Article 20 (3), which lays down that a
person cannot be forced to give evidence against himself. Court also directed the investigation agencies that
the directives by National Human Rights Commission should be adhered to strictly while conducting the
tests.
These tests were put to use in many cases previously, Arushi Talwar murder Case, Nithari killings
Case, Abdul Telagi Case, Abu Salem Case, Pragya Thakur (Bomb blast Case) etc being ones which
generated lot of public interest.
The question for debate would be whether a convicted person, after release on serving the
prescribed sentence has a right to be considered for public employment, right not to be regarded as a
convict and a right to be treated equally with other citizens when there is an open selection for Government /
private jobs and a right to have the stigma of a “convict” removed. In every application form for public
employment, there is a column “Whether convicted for any offence previously?” Equally is another debatable
issue as to whether, after serving the sentence imposed by Court, the issue of conviction can be held
against an individual perpetually?
RIGHT TO PUBLIC EMPLOYMENT AFTER RELEASE:-
CONCLUSION:-
Thus we see that there is no doubt that it is the democratic legitimacy which characterizes
our era. Liberty and freedom are the elements of prisoner’s human right and democracy. In so far as
developing countries are concerned it has to be observed that must believe in democracy and human
rights of prisoners.
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