NATIONAL NEWS
Judgements/Orders
Supreme Court Restricts Use of Narco Analysis for Investigation
In a significant judgment, the Supreme Court has directed that it is illegal to forcibly use narco-analysis, brain-mapping and polygraph tests during investigation. The court said subjecting a person to such techniques amounts to intrusion of personal liberty under Article 21 of the Constitution and held that even if the tests were conducted upon the consent of the accused, the results would not be admissible as evidence. The order follows a batch of petitions challenging investigation techniques like brain mapping, lie detection and narco-analysis as being illegal and unconstitutional, especially in cases where accused are opposed to them. The verdict is significant as it will curtail the misuse and indiscriminate use of these tests by investigating agencies.
Source: http://www.indianexpress.com/story-print/615471/
http://beta.thehindu.com/opinion/op-ed/article449164.ece
http://www.dailypioneer.com/253765/Narco-analysis-brain-mapping-illegal-SC.html
Bhopal Judgment: Abysmally Late, Abysmally Little
A trial court in Bhopal on 7th June 2010 found Union Carbide Corporation (UCC) and 7 senior officials of UCC guilty of criminal negligence for the gas leak in Bhopal in 1984. The gas leak killed thousands and crippled generations of victims. The former members of UCC’s senior management in India have been sentenced to two years in jail and fined Rs.100,000. Following the verdict there were countrywide protests against the inadequate sentence as being too late and offering too little relief to the victims and their families. The verdict is blamed on a decision taken by the Supreme Court in 1996 which reduced the charges against the accused from culpable homicide not amounting to murder to causing death by negligence, and on the government which provided allowed the ex-UCC chief Warren Anderson to leave the country soon after the gas leak.
In response to the public reaction against the judgement, the Centre has approved enhanced compensation for Bhopal gas leak victims, made by the Group of Ministers, a central package of Rs 1,265.56 crore will include compensation and environmental cleanup. The Cabinet has also agreed to make fresh efforts to seek extradition of Warren Anderson and for restoration of a stronger case against the accused.
Source:
http://www.expressindia.com/latest-news/GoM-on-Bhopal-tragedy-discusses-legal-options/635927/
http://www.indianexpress.com/news/solution/631005/
http://www.indianexpress.com/news/cong-joins-chorus-on-bhopal-verdict-gom-reconstituted/631864/0
http://www.indianexpress.com/story-print/636564/
http://www.indianexpress.com/story-print/635623/
http://www.indianexpress.com/story-print/631005/
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