PROTECTION OF HUMAN RIGHTS THROUGH FORENSIC SCIENCE

Abstract

Right to Speedy trial has been recognized by the Supreme Court 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.