Polygraph Test
Context:
The Central Bureau of Investigation (CBI) commenced the process of conducting polygraph examinations of the key suspects in the alleged rape and murder of a trainee doctor at RG Kar Medical College and Hospital, Kolkata.
About Polygraph Test:
A polygraph test, or lie detector, measures physiological responses like blood pressure, pulse, respiration, and skin conductivity to detect deception. The idea is that lying triggers distinct physiological changes compared to truthful responses.
Advantages of Polygraph Testing:
- Deception Detection: Measures physiological responses to detect potential deception, aiding in criminal investigations and security screenings.
- Deterrent Effect: The possibility of a polygraph test can deter dishonest behaviour.
- Structured Process: Follows a systematic approach, enhancing reliability when conducted by trained professionals.
- Versatile Applications: Used in law enforcement, national security, pre-employment screenings, and personal disputes.
Challenges of Polygraph Testing:
- False Results: Can produce false positives and negatives, potentially misinterpreting anxiety as deception.
- Lack of Standardisation: In India, polygraph tests lack standardisation, with different agencies following varied protocols, leading to inconsistent and potentially unreliable results.
- Infrastructure and Resources: Many law enforcement agencies in India lack the specialised equipment and facilities required for conducting polygraph tests, limiting their availability and effectiveness.
Global Usage of Polygraph Tests:
Constitutional and Legal Basis:
- Selvi vs State of Karnataka & Anr (2010): The Supreme Court ruled that involuntary polygraph tests violate an individual’s “mental privacy” and contravene the right against self-incrimination under Article 20(3) of the Constitution.
- The court further added that the results of the tests cannot be considered to be “confessions”. However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
- Consent Requirement: Polygraph tests must be conducted only with the accused’s voluntary and informed consent.
- Access to Legal Counsel: Individuals must have access to legal counsel, with the implications of the test explained by both police and lawyers.
- Judicial Oversight: Consent should be recorded before a judicial magistrate to ensure transparency and respect for the accused’s rights.
- NHRC Guidelines: The court emphasised following the NHRC’s 2000 guidelines to protect the accused’s rights and ensure fair treatment.
- D.K. Basu vs State of West Bengal (1997): The Supreme Court held that involuntary polygraph and narco tests constitute cruel, inhuman, and degrading treatment, violating Article 21, which protects the Right to Life and Liberty.
Notable Polygraph Case Studies in India:
Ethical Dimensions in Polygraph Test:
- Rights of Examinees of Respect and Dignity: Examiners must treat subjects with professionalism and respect, upholding their rights and ensuring they are not coerced or intimidated during the polygraph examination.
- Reliability and Accuracy: Polygraph tests can produce false positives and negatives due to factors like anxiety and examiner bias, raising fairness and due process concerns.
- Consent and Coercion: Tests must be conducted with informed consent, not under coercion. The Supreme Court of India deems involuntary tests unconstitutional.
- Privacy and Confidentiality: Examiners must protect sensitive information and avoid disclosing irrelevant personal details, ensuring the subject’s privacy.
- Objectivity and Bias: Examiners must remain objective, avoiding personal biases or external pressures, and adhere to professional standards.
- Alternatives and Safeguards: Polygraph tests should be used cautiously, with safeguards like clear guidelines and appeal processes in place to address ethical risks.
- Proportionality and Necessity: Polygraphs should be used only when necessary and justified, with less invasive methods considered first.
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- Polygraph tests should follow Aristotle principles of punishment.
Aristotle’s Principle of Punishment and Polygraph Test
- Purpose of Punishment: Aristotle viewed punishment as a means of rectification and moral development.
- Similarly, polygraph tests in India are used to uncover truth and guide law enforcement towards a more accurate understanding of events, aligning with the goal of facilitating justice and moral rectification.
- Deterrence and Social Utility: Aristotle acknowledged that punishment could deter future wrongdoing but cautioned against relying solely on fear.
- In India, the use of polygraph tests aims to deter dishonesty in investigations but must be carefully balanced to avoid undermining genuine moral development.
- Proportionality: Aristotle emphasised that punishment must be proportional to the offence.
- Polygraph tests should be used proportionally and judiciously in investigations to ensure fairness and avoid unjust outcomes, aligning with Aristotle’s principle of proportionality.
- Informed Consent and Ethical Considerations: The Supreme Court of India mandates informed consent for polygraph tests, reflecting Aristotle’s view on respecting individual autonomy and dignity.
- Legal counsel and explanations of the test’s implications are essential to upholding ethical standards.
- Potential for Coercion: Aristotle warned against the misuse of punishment, which could warp ethical development.
- Similarly, the risk of coercion in polygraph testing must be managed to ensure voluntary participation and avoid compromising ethical principles.
Overall, the application of polygraph tests in India should align with Aristotle’s principles by promoting rectification, ensuring proportionality, respecting individual rights, and avoiding coercion.