Role of forensic science in protecting human rights and ensuring justice

Abstract

Right to Speedy trial has been recognized by the Supreme Court of India as an intrinsic human right. However, there is failure in adequately protecting this right of the victims because there is insufficient and inadmissible evidence that can stand the scrutiny of the court. The prosecution bears the burden of proof in criminal trials under the Anglo-Saxon type of jurisprudence that is adopted in India, with oral testimony serving as the primary source of proof. Experience has demonstrated that most of the time, oral testimony is not accepted because of some very pertinent issues. Witnesses examined long after the event are unable to remember the significant and minute details of the crime in question, or they provide false testimony in response to coercion, intimidation and incitement. Some even turn hostile in the Court leading to complete turnaround of the case having devastating results for the victim. Besides, due to lack of sufficient evidence and pressure to resolve the case within specified deadlines, the use of third-degree techniques and other criminal tactics, such as torture, is a trend among investigating officers. These practices can be completely avoided when evidence collected by using forensic methods which has a greater admissibility in the court of law and can fix the onus of crime on the accused resulting in delivering timely justice to the victim. The article focusses on the role of forensic Science for protecting human rights and covers cases both from primary and secondary sources to prove this hypothesis to be factual and real.