Annual Report 1999-2000
the State Government to increase their daily allowances from Rs. 20/- to Rs. 35/- per
adult and Rs. 14/- to Rs. 20/- per child. It recommended that steps be taken for
expeditious disposal of various court cases pending against certain inmates, and also
directed that regular visits be undertaken by medical and revenue officers so that prompt
action can be taken to look into their condition and resolve their difBculties. The
Government ofTamil Nadu has complied with the Commission's directions, and submitted
a detailed action taken report.
IMPROVEMENT OF FORENSIC SCIENCE LABORATORIES
3.85 Article 21 of the Constitution guarantees the right to personal liberty, which can
be curtailed only in accordance with the procedure established by law that is reasonable,
fair and just. Speedy trial has been recognised by the Supreme Court as a part of the
right to personal liberty. The failure on the part of the prosecution to produce the
chemical analyser's report or the serologist's report for lack of adequate capacity in the
forensic sciences laboratories, is an important reason for delay in the conduct of criminal
cases. The number of such laboratories in the country being grossly inadequate, it
sometimes takes years for them to send their reports. This contributes to a grave denial
of the human right to speedy trial.
3.86 A related and equally alarming feature in the present situation is the large number
of acquittals in criminal cases. The burden of proof is on the prosecution to prove the
case beyond reasonable doubt. However, proof in criminal cases rests mainly on oral
testimony, which is often rejected as unreliable. This too leads to a failure to adequately
protect human rights. The lacuna can be filled by greater recourse to expert scientific
evidence.
3.87 Forensic science has made revolutionary advances possible in securing evidence
that can lead tojust and speedy results in criminal cases. Unfortunately, forensic science
services in the country are still grossly inadequate and have failed to muster all the latest
techniques. In addition, the administrative set-up does not provide independence to
forensic scientists and autonomy to the laboratories. This has affected the morale, of the
scientists and the efficacy of the laboratories, which is hampering the protection and
promotion of human rights. To correct these aberrations, the Commission gave deep
consideration to the problems of forensic science laboratories and constituted a Core
Croup of Experts to examine the state of forensic science laboratories and services
available in the country and to make appropriate recommendations.
3.88 The Core Croup, after visiting tlie important laboratories in the country, made
an in-depth study of this subject from all possible angles, and submitted its report 'State
of the Art Forensic Sciences: For Better Criminal Justice' to the Commission on 23 April
1999. The comprehensive report carries recommendations for improvement and
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