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Hathras case: Narco test of the victim's family


 The alleged gangrape in Hathras, Uttar Pradesh, and the subsequent murder of a woman have sparked outrage across the country, raising questions about the victim's ordering a narco test.


  The victim's family has refused the narco test and the narco test cannot be conducted without their consent as directed by the Supreme Court.


  In this case, in late October 2, the state government suspended the Hathra Superintendent of Police and some other police officers, and directed both the accused and the victims to undergo a narco test.  Later, the state government also recommended a CBI probe into the case.


  But the victim's family is shocked by the government's order and asks, "Why do we have a narco test? Does the government think we are lying?"


The UP government had earlier constituted a SIT to probe the matter.  It is being said that the state government has issued instructions regarding narco test based on the preliminary report of SIT.

Questions are also being raised as to whether it is legal for the aggrieved party to undergo a narco test and to what extent the honesty of the test is acceptable in the eyes of the court.


  Legal aspect

  As far as the legal aspect of the narco test is concerned, it could be part of the deliberations.


  But on May 22, 2010, the Supreme Court ruled that "narco-analysis testing can only be done with the consent of the accused or the person concerned. Narco-test, not any test against one's will."  Neither brain mapping nor polygraph tests can be performed.  "


  The Supreme Court said that any person going through such a process would interfere with personal freedom under Article 21 of the Constitution.  The apex court also said that investigating agencies have to strictly follow the guidelines of the Human Rights Commission during polygraph or narco investigations.


An application has been filed in the Allahabad High Court against the government's directive on narco-testing of the victim's family members.  Petitioner Saket Gokhale said that the decision of the state government was not only illegal but also an attempt to prevent the victim's family from testifying before the court on October 12 in the automatic cognitive context taken in the case.


  


  On October 2, the state government issued a press note stating that "polygraph and narco tests of all the plaintiffs / defendants involved should be taken by the judges as well as above."


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