Home » Posts tagged "test"

Religious Test For US Army?

New TYT Network channels: www.youtube.com www.youtube.com New TYT Facebook Page(!): www.facebook.com Follow us on Twitter: twitter.com www.theyoungturks.com DISCOUNTS: www.theyoungturks.com FREE Movies(!): www.netflix.com Note: The above two links are for TYT sponsors. Read Ana’s blog and subscribe at: www.examiner.com TYT Network (new WTF?! channel): www.youtube.com Check Out TYT Interviews www.youtube.com

New US Citizenship Test, 2011 (Part 2 of 3)

Note: Some of the content in this video may change due to elections and appointments. As of June 2011, all information in this publication is current. Quick Civics Lessons Learn About the United States: The Constitution Says: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” www.uscis.gov

Why Take Ayurveda Test for Body Constitution

The Constitution
by Ewan-M

For some reason, even though everyone knows that “Health is wealth,” people still fail to follow this thought and continue to live unhealthy. Majority of us are unaware of health tips offered by Ayurveda and what is our body constitution.  In fact, most people unknowingly start and end their day in an unhealthy manner. One should not be surprised if their next door neighbor got a stroke, or their boss’s colleague got a heart attack because of working too hard.

If you do not want this to happen to you, you can start turning over a new leaf now, and practice clean living.  To start with, Ayurveda test is a first important step in analyzing our unique body constitution.  After knowing your body constitution, you can start following simple Ayurveda diet tips that are surefire ways to prevent getting sick and spending more money in the hospital; or worse, die at an early age.  Most you might be asking though, what is Ayurveda?

Ayurveda is a Sanskrit term from the words “ayur”, meaning life and “veda” which means knowledge. Originated in India, Ayurveda is a healing method that has been in existence for over 5,000 years. It means prevention and treatment of illness by maintaining the balance in mind and body through clean eating, drinking, proper lifestyle and taking in herbal remedies as per person’s body constitution determined by Ayurveda test.

Some of the simple and easy Ayurveda tips that you can do is to wake up early and go to bed early. When you wake up in the morning, brush your teeth and 1-2 times per week massage gums with sesame oil.  Then, also massage your body and wait for 30 minutes before taking a bath.

Other common Ayurveda tips also include daily exercise to improve your metabolism; brisk walking; and eating at the right times (between 12 to 1 in the afternoon and 6-7pm in the evening). Also, eat whenever you are hungry and drink water frequently. When eating, make sure that you don’t do anything else like reading or watching TV while eating. Never skip breakfast and try to eat lightly at supper.

One of the Ayurveda tips also includes cleansing of body every time the season change through skipping regular meals. You only have to eat lightly and drink lots of warm water in order to increase your body’s metabolism. Adding cumin, black pepper and ginger on your daily meals also help in proper digestion. According to Ayurveda healing, you should not also eat raw foods when you feel nervous; spicy foods if you feel angry; and sweets if you are sick.

In closing, the most important step is to create a diet as suitable per your unique body constitution.  This means eat not only fresh meals and avoid eating leftovers but foods that keep your body-mind in balance.  Ayurveda test is an important step to determine the types of foods favorable for your unique body constitution. 

Thank you for your time & attention to this subject. Please read more and share with your friends the Ten Simple Ayurveda Tips for Life Long Health.


Rakesh would like to invite you to check out more articles on wellness, health, health tips, natural home remedies, healthy relationship advice etc. Most importantly you can Opt in to receive FREE mini course and alerts on new information posted on the following blog site: http://www.promotehealthwellness.com

Article from articlesbase.com

More The Constitution Articles


MISSISSAUGA WATCH Blog: www.mississaugablogs.com BOTTOMLINE: KINGSTON CITY HALL PASSES initial test! We confess we fell in love with Kingston City Hall. Felt such reverance. It is the only city hall we’ve visited where CANADA happens. CANADA lives and breathes inside Kingston city hall. Every Canadian should go –ask for Herb as your tour guide. Back to the task at hand. MISSISSAUGAWATCH is currently investigating the security practices of several Ontario municipalities and one Out-of-Province” for comparative purposes to those of Mississauga Corporate (City) Security. On May 20, 2008, the husband/wife MISSISSAUGAWATCH team visited Kingston City Hall to conduct a quick’n easy test on their video surveillance compliance practices. Regarding the Ontario city hall video surveillance test, we just answer this question. Is there VIDEO SURVEILLANCE signage posted in underground parking and doors of [the subject] city hall? YES. NO. If NO, then we looked around to see if there were VIDEO SURVEILLANCE cameras around. If there are. then the subject city hall is in VIOLATION of the 2001 “Guidelines for Using Video Surveillance Cameras in Public Places”. We’d then be justified in wondering what other guidelines and legislation are also being violated by [the subject] city hall. WARNING: Do not try this citizen-test yourself. Ontario municipalities can be shameless bullies only too happy to ban you from their Corporate Property. Things could even go worse –arrest. A simple test that
Video Rating: 0 / 5

If you could speak to America, what would you say? Giving Americans a platform to speak directly to their fellow citizens about what is on their minds.

Constitutional Validity of Poly Graph Test

The Constitution
by NCinDC


Forensic Science in criminal investigation and trials is mainly concerned with materials and indirectly through materials with men, places, and time. Among men, the investigating officer is the most important person. Infact, it is he whose work determines the success or failure of the application of forensic science in the processing of a criminal case. If he fails to collect the relevant correct evidence, allows them to be contaminated or does not provide correct samples for comparisons, the findings of a forensic scientist will be useless; nay, they will be supportive to the culprit. Material are identified and compared with the processes of forensic science. They establish the presence or absence of a link between the crimes, the time of occurrence. The important materials, therefore, form the various chapters of the book. In addition, the place of occurrence being the most important source of materials has also been discussed.

For as long as human beings have deceived one another, people have tried to develop techniques for detecting deception and finding truth. In today’s world, the scenario of justice, the traditional sources of proof, eyewitnesses account, confessions have gone awry. The trials take just too long to keep the witnesses from turning hostile and criminals are turning cleverer and more scientific. It is important that the prosecution agencies rely on something more authentic, more concrete and more productive in terms of convictions without the police having to resort to the third degree methods that not only violates fundamental human rights but also fail to produce positive results most of the time. There has to be something that is available; objective, and hence not prove to the whims of the witnesses. The answer is provided as science as by scientific evidence (lie detector test) is more or less exact far more reliable and does not turn hostile under threats. Lie detection took on aspects of modern science with the development in the 20th century of techniques intended for the psycho physiological deception, most prominently polygraph testing. The polygraph testing or instrumental measures several physiological processes (ex. heart rate) and changes in these processes. From the charts of those measures in response to questions on a polygraph test, sometimes aided by observations during the polygraph examination examiners infer a psychological state, namely, whether a person is telling the truth or lying. However, in India, we do not seem to realized how vast is the potential of lie detector science, have been far less than successful in developing a temperament in our police to apply scientifically viable evidence, pain stakingly begotten after long arduous hours in the court room.

It is frequently suggested that the polygraphy or the lie detector test works because of the fear of offenders of being found to be lying. Polygraph or lie detector has a variety of uses. First of all it can identify the guilty people, second is it can establish the truth of statements made by witnesses or informants. Third is it can eliminate suspects. Fourth is it can save money by shortening investigations. There is urgent and wide spread need for the application of forensic science in the criminal justice delivery system. The present day scenario of crime investigation and prosecution of criminals, in India it is a sad sight. A large percentage of the trials, in heinous crime ultimately, end in acquittals. The official figure (1998) for the acquittal is 93% whereas unofficial figure is even above 96%. It is estimated that the prosecution agency spends lakhs of rupees in each trial. Thus, not only a dangerous criminal goes scot-free but the huge amount of public money is also wasted. These frequent acquittals also embolden the criminals and escalate crime and multiply criminals. 

In the UK, where one of the accused was facing trial for eleventh murder of his own father this time. He was acquitted in the previous ten murders. It shows the need of lie detector test. 

The need for the application of science in the dissemination of justice is pressing. Many factors are responsible for the same, which will be included in this essay after constitutional validity. Constitution is an umbrella in which lot of rules, norms are kept to regulate human behavior and for the welfare of the human mankind as well as for the upliftment of society. Today when our country is in 21st century we must understand the validity of polygraph or lie detector test to keep the faith of every individuals on court of law and on court of justice.The main legal provisions which govern the expert evidence (LIE DETECTOR TEST), are in Indian constitution, Indian evidence Act; 1872, Code of Criminal Procedure; 1973 and Identification of prisoners Act.

The main provision in the Indian Constitution is the Article 20 (3). It states, “No person accused of an offence can be compelled to be a witness against himself”. The problem, which arose from the enactment, was legion. Could a person be forced to give fingerprints, footprints, photographs, measurements, handwriting, etc. The constitutional bench of the Supreme Court has solved the problems since through a landmark decision. It held that the above type of clue materials become evidence only after their evaluation. And the evaluation instead of helping the prosecution may help the accused. It can be seen by reading the facts of the case state of Bombay v kathi kalu, 1961(2) cri LJ 856 (sc).

Threatened with being forcibly subjected to the lie detector tests by the police, certain persons petitioned the Bombay High Court to declare such methods illegal and violation of their fundamental rights. The right against forced self-incrimination, widely known as right to silence is enshrined in article 20(3) of the Indian constitution as well as in the Criminal Procedure Code. It has its equivalents in the Magna Carta, the Talmud and the law of almost every civilized society. The Bombay High Court had to decide whether forcing the petitioners to undergo these tests would violate their right to silence and compel them to furnish evidence against themselves. While rejecting the petitioner’s claims and allowing the police to subject people to these tests, the judgment makes certain far reaching pronouncements which it is respectfully submitted, are legally wrong, contrary to authority and logically unconvincing. In the course of the judgment, justice palshikar for himself and justice kakade drew a distinction between a “statement” (made before a police officer) and “testimony” (made under oath in court). He held that the right against self-incrimination applies only to court proceedings and not to police interrogations.The claim that the protection of Article 20 (3) operates only in the courtroom and not in the police station had earlier been rejected in M.P.Sharma’s case by a very strong constitutional bench of eight Supreme Court judges and again thereafter in kathi kalu oghad’s case by a constitutional bench of 11 supreme court judges. Justice palshikar held that compelling a person to undergo the test would not violate the rights, as the forcible extraction of information simplicitor did not necessarily mean that the information would be incriminating. According to the learned judge, whether the extracted information was incriminating could only be ascertained. If it was incriminating, it was not admissible as evidence in a court of law. He therefore held that the petitions were premature, meaning thereby that they should be filed only after the incriminating statements forcibly extracted from the petitioners are sought to be used as legal evidence. It is unlikely that such reasoning would be accepted by anyone who values his personal liberty. On the basis of above arguments we can understand that synonym of Article 20(3). The question arises here that why police are blamed therefore not reaching or helping in justice. If they cant get freedom to get the truth then it will be tougher to get justice. There should be personal liberty to every individual but when any person comes into the frame of suspect the police has every right to go into it and search for the truth. Today the gravity of crime, act to perform crimes has been changed so it is important that scientific evidence like lie detector test should be used. For the law against compelled self-incrimination to have any substance, it must apply before the person is compelled to incriminate himself. In the CrPC, the legislature has guarded a citizen’s right against self-incrimination. Section 161(2) states that every person is bound to answer truthfully all questions…put to him by (a police) officer, other than questions the answers to which would have a tendency to expose that person to a criminal charge, penalty or forfeiture. Evidently, it has been left to the person being interrogated to decide whether the answer to a question would be self-incriminating and, if so, to withhold that answer and keep silent. It would appear that the learned judge has not considered this provision. This notwithstanding, it is respectfully submitted that a judicial order cannot take away what has so unequivocally been given by parliament and the constitution. But the question arises here that why should our parliament and constitution give right to those persons who are violating peace and order. Those persons who are rapists, murder, barbaric act in criminal nature…why should they get any right and why their should not be lie detector test on them and why polygraphy should not be valid in INDIAN scenario.

Moreover, by then the information, even if untrue, is in the public domain, your personal liberty and privacy have been violated, your body has been injected with narcotics and information has been forcibly extracted from you. This is true but it should be in law but is should be used depends upon the gravity of crime. If a person is lying and he has committed murder or any heinous act or against the security of a country why there should not be these tests? If any person is committing anything against the peace of country there is no gain of talking of his rights. Every person must perform their duties.  In Nandini Sathpathy’s case involved facts very similar to the present case. The petitioner (a former) chief minister of orissa) had complained that she was being prosecuted for her refusal to answer police questions about a corruption case lodged against her. She claimed that her assertion of silence and refusal to answer questions was well within her rights under article 20(3) and section 161(2) CrPC prosecuting her for silence, she argued amounted to compelling her to make self incriminating statements. Here it depends upon the nature of corruption. If the lady has committed simple mistake or not a heavy corruption then its ok otherwise why there shouldn’t be any scientific use like lie detector test if any person is committing heinous act. We know our politictians; they can ruin our people and sustain their lives then why not there be any constitutional validity of lie detector test. There must be article 20 (3) but there is no loss in using lie detector test depending upon the gravity of facts of the cases. If the criminals are not doing their duty why should they get any right? It can be difficult but to bring peace, to check security of a nation there should be use of scientific evidence.

There is another aspect of the division bench’s judgement, which is a mater of cocern. It held that these tests involve “minimal bodily harm.”This statement appears to be unfounded and contrary to medical opinion and practice. Subsequent studies have vindicated this view; infliction of bodily harm is an offence and even if minimal, is punishable by three months imprisonment (section 352 IPC). Hurt is defined as any pain, disease or infirmity.”Injury”is defined in as “any harm whatever illegally caused to any person in body, mind, reputation or property”(sec44). Inflicting hurt (sec 323), causing hurt to extort incriminating information (sec 330), causing hurt by a substance harmful to the body (324) or administering any stupefying, intoxication or unwholesome drug (sec 328) are offences punishable by imprisonment from between one to ten years.Therefore,causing even “minimal bodily harm” through the compelled administration of a narcotic is a serious offence further aggravated when it is committed by police officers to extort incriminating information. It denudes the right to silence of all significance and strips the right against forced self-incrimination of all meaning. It also empowers the police to commit illegal acts and exempts them from the rule of law.

Another act which comes for the constitutional validity of lie detector test is The Indian Evidence Act- (sec.45). This is the most important section of the Act vis-à-vis polygraphy. It states” when a court has to form an opinion upon a point of foreign law or of science or art, or as to the identity of handwriting or finger impressions, the opinion upon that point, of persons specially skilled in such foreign law, science or art or in questions as to the identity of handwriting or finger impressions are relevant facts. Such persons are called experts. There has been a lot of confusion about what contitutes science. Contradictory judgments have cluttered the earlier case law. But by and large the recent supreme court judgment State v Chaudhary AIR 1996 SC 1491 has not only eliminated the absurdity relating to typescript identification but is has also provided the guideline for the induction of new types of scientific evidence (Lie Detector Test, Brain Printing, Etc). The question arises here that who are experts then. Section 45 indicates that who are experts or we can say in another words as Specially Skilled persons! Special skill has not been defined but by convention is it acquired through Basic education, Training, Experience, Research, and Participation in scientific gatherings. The second most important section relating to expert evidence is section 73 of Indian Evidence Act. This section specifies what comparison material for disputed handwriting signatures or seals (or for finger prints) can be utilized by courts. This section has given headache all round. The main controversial points are: Should the comparison material be examined only by the judge with or without the assistance of the experts. This controversy has been settled by the Supreme Court in a landmark judgment of Ajit Sachit Muggvi V State Of Kerala, AIR 1997 SC 3255. They have decided that the assistance of a handwriting expert should be obtained as a matter of prudence. At what stage can the court order a person to give specimens: at the investigation or at the trial stage? This aspect is still in the melting pot though Supreme Court has ruled that the court cannot order taking of specimen if the case is not pending trial before it like in the case of Ram Babu Misra V State, AIR 1980 SC 791. Section 46 is about Facts bearing upon opinions of experts. Section 51 is about grounds of opinion when relevant. Section 159 is about Refreshing Memory.  Evidence Act plays an important role in the Constitutional Validity of polygraphy. Especially section 45 and section 46 is a key. We can see that here lot of emphasis has been given on experts and few cases are enshrined in our constitution in which judges have taken use of experts. As every coin has two sides it had demerits too but experts can be given some power so that they can reveal justice and truth from the criminals. Another law is Code Of Criminal Code, 1973 in which the main sections are related to expert evidence are section 292 and section 293. Section 292 is applicable to only mint master and other currency officers. Its contents are similar to those of section 293,which has wider applications. Sec 293 states that any document perporting to be a report under the hand of a government scientific expert to whom this section applies, upon any mater or thing duly submitted to him for examination or analysis and report in the course of any proceedings under this code, may be used as evidence in any inquiry, trial or other proceedings of the code.  The section has some features like it specifies the government experts, who are exempted from personal appearence. Describes modes for personal attendance of the experts for additional evidence, etc; for cross-examination or additional related evidence. It fixes no limitation on the nature/extent of the contents of the reports. One important Act is The Identification of Prisoners Act. The sections 2,3,4,5 & 6 of the Act are relevant to the expert evidence. They provide legal sanctions for obtaining evidence by using lie detector test or by using any scientific method from the suspects/accused/convicts. Lie detector test is becoming indispensable in the dissemination of justice because of the failure of the old order, excellence and reliability of its tools and techniques and the ever availibility of the wherewithal of its assistance. It should be adopted on a much larger scale that it is being adopted, if our criminal justice system has to serve the society effectively. We saw four legal bags through which we can see the constitutional validity of polygraphy/lie detector test/scientific methods or we can say as for Forensic science. All this play an important role in society because today we can’t overrule the use of scientific methods and our many cases have shown the importance of it. Now we will see certain political kind of cases.

Congress leaders must undergo lie detector test: BJP. Today even the political parties are understanding the value of it. On July 12,2004 demanded that the CBI conduct lie detector test on many leading political members of congress. It was a Telgi’s case. On December 15, 2004 in the newspaper of Mumbai news came that Telgi to undergo lie detector test. Abdul karim telgi, the alleged mastermind behind the multi crore fake stamp racket, and several others arrested along with him are to undergo lie detector tests, a court ruled today. (Newspaper editing). A special court constituted under the Maharashtra Control Of Organised Crime Act (MCOCA) gave permission to the Special Investigation Team (SIT) probing the fake stamp racket, to conduct lie detector tests on nine persons, including Abdul Karim Telgi. It is important that the CBI or Police shouldn’t take gain of it but they need certain powers in them to reach at justice. How can they prove justice if everyone will look upon them with doubt, we the people of India need to understand the value of duty and do something and promote scientific methods because every politician will make laws for their welfare not for the ruin of individuals. In May 13,through

Indian Express a news came that “Delay may hamper lie detector test in Shivani murder case”. Several forensic experts and police investigators point out that though shivani was murdered on January 23,untill last week investigators hadn’t been able to get hold of a lie detector. The delay, they say, will possibly cloud or dilute a lot of important information. Says an officer investigating the case that we are sure we will establish that one or more persons are lying, or holding back i9nformation related to shivani’s murder. He adds Of course the results of lie detector test will not be admissible in a court of law. The report is merely to facilitate investigations. But he also said that in a city like Delhi, where there is lot of crime, which even raises questions in the parliament, a lie detector test is very crucial to speed up investigations.

Why there shouldn’t be lie detector test and why it is not admissible in court of law? When the Police, CBI all give their lot of time and at last our court says that it is invalid, it’s really very poor. If a person is catched by this method why there shouldn’t be any law to make use of lie detector test to speed up the investigations and justice. A Delhi Police Chief Kakkar said that before we put a person to the lie detector test, we almost always know where he is lying. The lie detector test is meant to be a confirmation of these doubts. When we frame the questions, with the help of psychologists, we keep this in mind. In another case “A sub-inspector accused of killing constable to take lie detector test”. Accused of killing a woman constable and also booked under the Prohibition Act, PSI rakesh pathak of Kadi Town police station took lie detector test. Director General of Police A K Bhargav said we are conducting the lie detector test, as we do not want such instances to be repeated. All these cases can teach us that how much this test is important and can play an important role in the development of the society and in controlling of peace and orders. One aspect can come that certain people will say that it is Violative of Article 21 of the Indian Constitution but we should understand the value of it and grant this method to speed up the criminal justice system of our society. Now we will evaluate our Court and its systems. The attitudes of the courts vary tremendously.

* Some courts under rate expert evidence. They feel that it is weak evidence.*Some courts are hostile towards the evidence. They feel that the expert assumes the functions of the court.*Some courts fear the expert evidence. They feel they cannot understand the evidence. They either ignore the evidence. They either ignore the evidence or accept the ipse dixit of the expert.*Some courts believe that the evidence is not their worry. The counsels should understand the argue about it. The court should decide the case on their arguments alone.

Such attitudes are undesireable. The scrutiny of lie detector test by the court is necessary. First the evidence can turn the tables. A suspected criminal may prove to be an innocent person or vice versa. Second, most of the lawyers on both sides feel shy of evidence. They may fail to properly present or critically appraise the evidence, which may lead to the miscarriage of justice. Third, a clever lawyer may exploit the general lack of knowledge to twist the evidence to his advantage and misuse it. Fourth, the prosecution counsel is interested in the prosecution case only. He will expose only those aspects of evidence, which are useful to the prosecution case and goes no farther. Fifth, the defence counsel, on the other hand, limits his probes to only those aspects, which are beneficial to the defence case. In other words it means his efforts would be to demolish the prosecution evidence. Thus it is the judge only who is interested in real justice. He should, therefore ascertain the facts, assimilate them and utilize them in the dissemination of justice. The newer generation of the judges should especially be aware of their responsibilities in this regard as in the future the expert evidence will play more decisive role. It will be used more frequently, almost in all cases. The scientific methods in the detection of the crime are daily improving and are becoming accurate, sensitive and specific.

Reaching to the conclusion of Constitutional validity of polygraphy (lie detector test) we can combine the thesis of above arguments and can say that the gravity of crimes has been changed. The reasons are the quick means of transport and the high density of population in cities have facilitated the escape from punishment after the commission of crime. The criminal can hide himself easily these days. The individual is becoming self-centered. He especially in cities, don’t not know even his next-door neighbors. Thus even if the neighbors are killed, the murders come to light sometimes only when the bodies putrefy and emit foul smell. The technical knowledge of an average person has increased tremendously in recent years. The criminal is using science. The investigating officer therefore needs scientific methods to combat the modern scientific criminal and the answer is lie detector test. It can help in the criminal system of India and give upper hand in the development of the society. If we do not adopt lie detector test or other scientific evidence it will be easy to say that we are giving way to criminal to run away. The time has come when we should become smart and court grants the validity of polygraphy. Its true that there can be misuse of it but every coin has two sides so lets give one chance to expert person to bring truth and justice through lie detector test.

This is Gyan Prakash, an Advocate working in a law firm.

Article from articlesbase.com

Related The Constitution Articles

Test of Valid Classification under Constitution of India

Art 14 Declares “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Thus Art 14 used the two expression “equality before the Law” and “equal protection of the law”

As such this right  was considered generally a negative right of an individual not to be discriminate in access to public offices or places or in public matter generally. It did not take account of existing inequalities arising even from the public policies with that kind of undertaking of the right to equality.

This first expression equality before the law, is a somewhat negative concept which is said to be have taken from English common law, is a declaration of equality of all person within the territory of India, implying there by the absence of any special privilege in favor of any individual. Ever person whatever be his rank or position is subject to the jurisdiction of the ordinary court. Prof. Dicey, explain the concept of equality as it operated in England said ” with us every official from the PM down to a constable or collector of taxes is under the same responsibility for every act done without any legal justification as any other citizen.

The second expression the equal protection of the law which is rather a corollary of the first and is to be taken from US, it is a more positive concept implying equality or treatment in equal circumstances.

These two expression under this article to make the concept of equal treatment a binding principle of State action .  The word Law in the former expression is used in a generic sense a philosophical sense, whereas the word Laws in the latter expression denotes specific laws. It has not explained this statement any further, but it means that equality for all is the law or standard norm of the land.

Equal protection of the laws is now being read as a positive obligation on the State to ensure equal protection of the Laws  by bringing in necessary social and economic  changes so that every one may enjoy equal protection of the laws and nobody is denied such protections.

Underlying Principle

As no human being are equal in all respect the same treatment to them in every respect would result in unequal treatment. For example the same treatment to a child as to an adult or to a physically challenge or healthy person, will result in unequal treatment.

Therefore the underlying principle of equality is: not the uniformity of treatment to all in all respect, but rather equal must be treated equally  while unequal must be treated differently.

But this does not mean the unequal treatment for all, while the later Article of this part ( Part III) especially Art 15 and 16,  equality not only prohibited unequal treatment but it also demands equal treatment. Therefore state must not only treat people unequally but it must also take positive steps to remove existing inequalities, especially those inequalities which treat human being less then human being.

Test of Valid Classification

This article forbids the legislature classification, but it does not forbid reasonable classification of person, objects and transactions by the legislature for the purpose of achieving specific ends. And differentia must have a rational relation to the object sought to be achieved by the Act.

There must be an nexus between the basis of classification and the object of the Act which makes the classification.

In Kedar Nath Bajoria V/s State of WB

It said

The equal protection of the Laws guaranteed by the Article 14 of the Constitution does not mean that all the Laws must be general in character and universal in application and that the  State is no longer  to have the power of distinguishing and classifying persons or things for the purpose of legislation.

In E.P Yoyappa v/s State of TN

Propounded a new approach to Article 14 in the following words:

Equality is a dynamic concept with many aspects and dimensions and it is cannot be cribbed, cabined and confined within traditional and doctrinaire limits. For a positive point of view equality is antithetic to arbitrariness.

In Maneka Gandhi v/s Union of India

Article 14 strikes at arbitrariness in state action and ensure fairness and equality of treatment, the principle of reasonableness, which logically as well as philosophically is an essential element of equality or non arbitrariness pervades Article 14 like a brooding omnipresence.



Hi, my name is Naveen Kumar Shelar. I reside in New Delhi, India currently employed full time as a Facility & Administration Professional .

I started out as a Executive Administration late in 2005 evolved into a Facility & Administration with time and now I’m into New office development and Planning . I am mostly involved in new office infrastructure planning, procurement development, execution, and operations, not only this but I love to policies and procedure drafting for office operations.

When I’m not working I am mostly into sports like Cricket or Chess. I’m also into movies and music big time. I love spending time at home on holidays with my mom, dad, wife Anu, daughter Shrishty, Siya  and my pet Ronny, chutki (Labrador) who is simply on his moves all the time to keep you busy at home 🙂

My father and my mother has been a great source of inspiration for my life.

Specialties: New office set up and it’s whole life cycle, in technology driven organizations. Competitive analysis, process compliance & improvements, policy and procedure drafting, legal Agreement drafting.

Article from articlesbase.com

Trial against Prachatai boss seen as test case on online freedom

Trial against Prachatai boss seen as test case on online freedom
Chiranuch Premchaiporn’s trial over computer crime charges began yesterday and attracted some 40 supporters and observers, all of whom are interested to see how this case against the freedom of expression pans out. The accused is the director of the non-profit online newspaper Prachatai.com.
Read more on The Nation – Thailand’s English news

Federal Judge Calls ICE on amp;quot;Lame Excusesamp;quot; as the Agency Complicates Disclosure of Information about …
In a written order filed yesterday , a federal judge chastised Immigration and Customs Enforcement ICE for their tardy and insufficient responses to a Freedom of Information Act lawsuit filed on behalf of the National Day Laborer Organizing Network, the Cardozo Immigration Justice Clinic, and the Center…
Read more on PitchEngine

ConstitutionFacts.com Issues Challenge to Americans to Test Their Constitution IQ With an Interactive Quiz

Chicago, IL (PRWEB) August 8, 2006 –

Quick… what is the maximum number of years a United States president can serve? What part of the constitution is the Bill of Rights?

Right now, ConstitutionFacts.com is challenging Americans to test their Constitution IQ at http://www.constitutionfacts.com. Between now and Constitution Day on September 17th ConstituionFacts.com is asking people to take the ten question Fascinating Facts Quiz, then pass the quiz on to ten friends, asking them to pass it on to ten friends in turn. The goal is to raise constitutional awareness using a fun and interactive tool.

“The Constitution serves as the fabric of our society, and today, more than ever, is the right time for all Americans to examine and understand it,” says Keir Walton, founder of ConstitutionFacts.com. “With Constitution Day quickly approaching we want to make sure that everyone in America knows ten basic things about their constitution.”

With civics class a distant memory for most and the constitution reduced to a mere political football, many Americans have tuned the document out. And that’s too bad, because without a thorough working knowledge of the document it’s impossible to participate in the democracy as a fully informed American citizen.

“By leveraging the power of email people can challenge friends and family with the Fascinating Facts Quiz to test their knowledge and see how they scored against others.” The quiz has all the right elements – it’s fast, fun, educational, easy to use and best of all helps you learn more about the greatest legal document ever created,” Walton said.

About Constitution Facts:

At Constitution Facts we make it fun and easy to learn about the Constitution, the Bill of Rights and the Declaration of Independence. Constitution Facts began with a simple idea — to publish an informative pocket size guide to the U.S. Constitution. Soon people across the country, from U.S. Supreme Court Justices to students and teachers, caught the craze for The U.S. Constitution & Fascinating Facts About It. Today, more than one million copies have been sold in both English and Spanish language editions—and millions more are educated each year by visiting ConstitutionFacts.com – a companion website to the book and central resource for educators and students worldwide.

For more information visit http://www.constitutionfacts.com.


Keir Walton



Constitutional Validity of NArco- Analysis test


Constitutional Validity of Narco-Analysis Test

Prepared by:  Urja. B. Dave

Nirma University of Science and Technology

Institute of Law


Constitutional validity of Narco Analysis Test


Development of new tool of investigation has led to the emergence of scientific tools of interrogation and criminal investigation like NARCO ANASLYSIS TEST. However, its application must be assessed objectively so that it can be replaced by existing conventional methods of interrogation. Narco analysis test can be effective as an alternative to barbaric third degree methods. Care should be taken that it is not misused or abused by investigation officer and should be correlated with corroborative evidence. Such test is a result of advancement not only in Forensic science but also in Science and Technology. It often Raises doubts regarding basic human rights and about their reliability.

Legal questions are raised bout validity with some of them holding in the light of legal Principles and Perceptive and some others rejecting it as a violence of constitutional Provisions.

Historical perspective:

In 1922, Robert House, an obstetrician from Texas, experiment the use of narco analysis in the interrogation of suspected criminals. He arranged to interrogate two Prisoners in the Dallas country jail by using Scopolamine1, whose guilt seemed clearly confirmed. Both the prisoners denied the crimes for which they have been detained and upon trial were [1]found not guilty. After the successful experimentation, House concluded that an accused under the influence of scopolamine could not lie.

The Narco analysis during past was used only by psychiatrists to find out the psychological reality. Nevertheless, the application of the Technique was adopted frequently in the criminal investigation from early 1950s.

Narco analysis was rather unheard in India until recent past. It was first used in 2002 in the Godhra Carnage Probe. Narco analysis test once again is in the limelight in the contest of Aarushi Murder case. It was also used in Nithari village serial killings case, Telgi Stamp paper Scam, Arun Bhatt Kidnapping case in Gujarat, and others.

What is Narco Analysis Test?

The term Narco-Analysis is derived from the Greek word “narke” meaning anesthesia and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, which acts as Central Nervous System depressants, and by virtue of this, they produce a wide spectrum of effects from mild sedation to anesthesia.

Narco-Analysis tries to recall repressed materials. The therapist gives post-hypnotic suggestion to patient. Repressed material is recalled during influence of the drug and repressed conflict of the patient is located and cured.

Procedure of Narco-analysis test:

The narco analysis test is conducted by mixing 3 grams of sodium penthol or sodium amytal dissolved in 3000ml of distilled water. Narco test refers to the practice of administering barbiturates or certain other chemical substances, most often penthol sodium, to lower a subject’s inhibition, in the hope that the subject will more freely share information, a person is able to lie by using his imagination. Experts inject a subject with hypnotics like sodium penthol or sodium amytal under controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject, which is put in a state of Hypnotism, is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestion. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers. Wrong dose can send the subject into coma or even result in death.

The subject is then interrogated by the investigating agencies in the presence of doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence.

The procedure is conducted in government hospital after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

It is established that in of the total number of the individuals subjected for narco analysis are found to be innocent. Therefore this technique not only helps to identify the real perpetrator of crime, conspiracies, displacement of evidentiary items etc. but also to identify the innocents within a short period.

Pros and Cons of Narco Analysis Test:

According to police Narco analysis is a scientific tool of investigation, it helps a lot in crime prevention and detection. It is definitely considered better than third degree treatment of the police to extract truth from an accused.

It is not possible to determine the correct dose of the drug, which varies according to the physical constitution of the subject, but also his mental attitude and will power. A wrong dose can send the subject into coma or even cause death, thus resulting in legal complication. The person to administer them has to be highly qualified physician.

The test can be misused by suggestive questioning by the investigating agencies. Psychiatrists hold that some individuals are suggestible even while fully conscious, meaning they can be made to believe events that never actually happened. Therefore, while patients under narco analysis may find it difficult to lie consciously, they can certainly say things that are on the surface on their mind. The patient may say things that he wished were true and not that are necessarily true.

Constitutional Validity:

Some legal experts consider that narco analysis test during the investigation is a blatant violation of Art. 20(3) of our constitution. Art. 20(3) says, “No person accused of any offence shall be compelled to be witness against himself”

The conditions for the applicability of Art. 20(3) are:

There must be a person accused of any offence. There must be compulsion against such person. Such compulsion must be to be witness and Such person must be compelled to be a witness against himself, in other words to incriminate himself by his evidence.

All these four ingredients must be necessarily co exist before the protection of Art. 20(3) can be claimed. If any of these ingredients is missing Art. 20(3) cannot be invoked.

The controversy regarding test is against the fundamental right is due to the modus operandi of the test. In the test, the drug is administered which suppress the reasoning power without affecting the memory and speech.

The test also goes against the maxim “Nomo tenetur se Ipsum Accusare” which means no man not even the accused himself can be compelled to answer any question, which may tend to prove him guilty of a crime of which he has been accused. The previously mentioned principle of the maxim is also incorporated in the section 161(2) of the code of criminal procedure.

Sec. 161(2) of Cr. P. C says that such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than the questions the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

The most important case in this regard is that of Nandini Satpathi v. P. L. Dani (AIR 1978 SC 1025).

Facts: Nandini Satpathi was a former chief minister of Orissa, against whom a case was registered under the Prevention of Corruption Act. She was asked to appear before the Dy. S. P for questioning. The police wanted to interrogate her by giving her a string of questions in writing. She refused to answer the questions because it was a violation of her fundamental right against the self-incrimination.

In the previously mentioned case Krishna Iyer, J. has widened the scope of the protection. The issue before the court was whether a potential candidate for accused can avail of the privilege. It was held that the right extends to witness & the accused alike. The expression ‘accused of any offence’ must mean formally accused in presenti not in futuro. It applies at every stage at which furnishing of information & collection of material takes place.

Thus, Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Satpathi. No one can forcibly extract statements from the accused, who has right to remain silent during the course of interrogation (investigation). By administration of narco analysis test, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity & legitimacy of the Right to Silence.

It is an accepted legal position that the protection of Art. 20(3) do not extend to compulsory production of material or compulsion to give specimen signatures, finger impression or blood samples. However, Narco analysis is still different & clearly distinguishable from giving specimen signatures or blood samples or even taking a polygraph test because except in case of a narco analysis, the accused retains his control over what he is doing or saying & at no point of time can he be compelled to disclose any such information that he wants to keep to himself. Giving blood sample or specimen signatures is much like allowing the investigation officer to search the residence of the accused & go through his belongings in search of evidence. That is very much permissible.

The legal & constitutional infirmity of narco-analysis lies in the fact that it takes away one’s control on one’s mind, which brings it in category of mental torture & torture of all kind fall foul with Art.21.

Now the question may arise that the so-called ‘consent form’ sign by the accused supplies the requirement of the ‘voluntary discloser’. It is incorrect as in the court mandated narco analysis, the ‘consent form’ has absolutely no relevance because the compliance of a judicial order passed by a competent authority to compel obedience. Therefore, if a competent court orders narco analysis the order has to comply with, unless it is challenged by the superior court. The accused has no choice against the court order. Therefore, there is ‘compulsion’, there is ‘testimony’, and it is surely ‘testimony by compulsion’. However, compulsion per se is not illegal. Therefore, the only one question is whether the compulsion is legally sound.

The Madras High Court in Dinesh Dalmia v. State of Madras held that subjecting an accused to undergo such scientific tests would not amount to breaking his silence by force. He may be taken to the laboratory for such test against is quite voluntary. Therefore, such process does not amount to compelling a witness to give evidence against him. When the human rights activist adopt third degree methods to extract information from the accused, it is high time the investigating agency took recourse to scientific methods of investigation.

The Bombay High Court in Abdul Karim Telgi case held that “certain physical tests involving minimal bodily harm” like narco analysis test and brain mapping does not violate Art. 20(3) and did not compromise the constitutional protection against self-incrimination. The important point is that the confession or statement made during narco analysis is not admissible as evidence in a court of law, and that is the reason why the protection against self-incrimination under Art. 20(3) is not breached. In the above-mentioned case Bombay High Court seems to have held that nacro analysis is permissible because it involves “minimal bodily harm”, which implies that all such methods of extracting information that inflict minimal bodily harm are legally permissible.

However, the final judicial pronouncement on the constitutional status of narco analysis is yet to come. In 2006, Supreme Court of India stayed the order of a metropolitan judge to conduct nacro analysis on K. Venkateswara Rao in the Krushi cooperative Urban Bank case. The issue required to be settled by a court decision because Mr. Rao refused to sign the consent form & hence the Forensic Laboratory at Gandhinagar declined to conduct a narco analysis test without a duly filled and signed consent form. The Supreme Court verdict is still awaited.


Law is a living process, which changes according to the changes in society, science, and ethics and so on. Law is not static but it is dynamic. The legal system should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of investigation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be cleared in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable and doubtful” science, we have to seriously rethink about its legal and constitutional validity from human rights perspective.

The criminal justice system is based on the principle that “let hundred guilty go unpunished rather than an innocent is punished”. To uphold this principle narco analysis test has to be made compulsory in cases where the interest of public is involved. For this purpose, it is necessary to amend or to enact new laws for that purpose so that justice may be delivered in a fair manner.

[1] Scopolamine is also popularly known as tooth serum.

Article from articlesbase.com