The law ministry headed by Mr. Veerappa Moily is doing some good job in bringing law reforms in our country and I compliment the minister for the same. What is wrong with the Indian judicial system? Many of the acts that empower the judiciary to deliver justice have not been amended since decades; many of them still retaining their colonial fervour.
Science and technology has developed. Criminals are adopting sophisticated means of technology for committing crimes. At the same time, fields like forensics have created their own niche in the investigation arena. The judicial or law reforms have failed to evolve and counter the evolution in the field of crimes. What is more disturbing is that the judiciary instead of evolving itself quotes some archaic laws and constitutional articles without understanding the context in which those archaic laws and constitutional articles were made. So, if the laws are not being properly interpreted, then that itself becomes a major lacuna in the judicial system because if it was only the application of laws created by the legislature, then even a computer could have been used in place of judges.
One case of this ‘technology gap’ that I opine is not right is the judgement of the supreme court not to permit narco analysis and brain mapping results as evidence citing article 20(3) of the constitution which says that “No person accused of any offence shall be compelled to be a witness against himself”. This is what I would say is the failure of the interpretation of law. Article 20(3) might have been introduced to prevent the investigative agencies from forcing an individual to testify against himself which is a very good clause in itself. I would have concurred with the supreme court judgement if it were to be proved that the results of narco analysis and brain mapping can be tweaked by the investigative agencies. But narco analysis and brain mapping are the gifts of science and science is based on experimental facts and objective evaluation. To treat narco analysis and brain mapping as evidence against self is itself an error according to me.