Projects

Pedagogical Approaches to Integration of Forensic Studies in Legal Education

As is increasingly evidenced in criminal courts, scientific evidence forms a crucial part of the trial strategy. However, the use of forensic evidence in Indian criminal justice system is limited, compared to its prevalence in the West. One of the factors contributing to this is the limited awareness regarding scientific procedures and analysis which is an impediment to the critical use of scientific evidence in court proceedings. However, introducing different disciplinary teachings from natural and physical sciences into a law classroom presents its own challenges. An initial search of pedagogy literature seems to suggest limited scholarship on the pedagogical techniques that can be used to meet the challenges faced in dissemination of advanced scientific information to students from a primarily social science academic background. Deriving from the case study of the forensic science course presently being offered at JGLS, this project aims to identify the variety of teaching methods and assessment patterns that might be used to impart and assess the learning outcomes and to verify the effectiveness of each strategy design with regards to instructor, curriculum design and student perception.

Lacuna In Understanding Of Forensic Science Among Legal Professionals In India

This was a pilot study done to empirically document the existing gap in knowledge and understanding of forensic evidences, procedures and analyses among law professionals involved in criminal case trials. The study seeks to understand the factors that result in this lacuna and based on that information, conduct further research or training to inform the participating stakeholders of the criminal justice system, where possible.

A range of qualitative interviews were conducted with practicing lawyers, judges and law teachers to understand the foundational basis of their understanding of forensic evidence and how it is used in court. The results dictate that scientific evidence, although considered very important and given considerable weightage in court, is rarely presented. Then again, there are some kinds of evidences that are presented more than others – fingerprints, medico-legal reports, toxicology reports, DNA, ballistics etc. The impediments to better use of forensic evidence in courts has been attributed to limitations of both science and law. Laboratory analysis is often done poorly, resulting in reports that cannot be used as part of the trial. Experts who appear as witnesses are known to overstate the significance and certainty of their results. The scientists in India do not keep update with developments in the forensic area, such as the doubts raised against the individuality of bitemarks. Lawyers and judges, on the other, do not have an acute understanding of scientific analysis, and are often apprehensive or unaware of challenging questionable analyses. There are also no clear guidelines about how to go about submitting scientific evidence or expert testimony beyond a few Sections in the Indian Evidence Act. (1987 -2023) and such.

Use of Pre-Menstrual Syndrome as a Defense Plea

There have been several noted cases internationally and at least one in India where the court has had to entertain a defense plea of pre-menstrual syndrome as a mitigation factor for reduced culpability to the crime. Through a study of these cases, we discuss how these cases have considered the plea, and in doing so, legally defined the condition of premenstrual syndrome as a psychological and/or physiological event that affects the defendants. In this paper, we discuss the spectrum of this syndrome and the effects that are scientifically known to be associated with it, and use this to suggest how the mental insanity clause in the Indian Law can be revisited. We also discuss the repercussions of allowing such defenses in court without adequate screening and scrutiny on modern feminism.

Regulation of Forensic Guidelines In Post-Mortem Examinations In India

The need for a detailed, organized procedure for performing autopsy is important, especially in India since cremation of the deceased bodies is a popular ritual amongst many populations in the country. This means that much of the evidence can be obliterated and the possibility of exhumation for re-testing is annulled. Sadly, the procedure for autopsy remains different and unclear among experts from different States and there are not many checks and balances with that respect. The study investigates whether the absence of unanimous standards about post mortem examination may adversely affect the evidences, hence affecting the trial outcome.

Qualitative studies and field interviews revealed the non-uniformity of medical examination procedures conducted across various facilities in North-India and suggested few underlying factors that possibly led to this situation. In this regard, we discuss the repercussions of having improper or insufficient medical evidence and suggest reforms, regulations and incentives that can help improve the performance in accordance with court standards. With the help of comparative analysis of foreign statutes, we suggest measures to review the existing guidelines, and enforce new proficiency tests that address the existing lacunas and create a uniform guideline applicable to all forensic expertise involving post-mortem examinations.

Impact Assessment Study of Prison Official Training

India Vision Foundation is a non-governmental organization founded by Dr. Kiran Bedi, works on initiatives of police and prison reforms and women empowerment, aiming to forge ‘positive relationships’ between people and the police through creative leadership. IVF's training program for prison officials aims at sensitizing them about prison reforms. They understand that it is equally important that the prison officials develop a sense of empathy, learn how to resolve prison problems, learn how to see the inmates as work in progress and treat them like a human resource and help create an environment favourable for the emotional, social, physical and psychological development of the inmates.

Currently, the training program is present in five states and numerous prison officials have been trained under the program. The research team ran a impact assessment study on a subset of the online training sessions between October - December 2023 and diagnosed the areas of improvement for IVF to consider. By standardizing and scaling the delivery of these program, we create a holistic well-being of the prison officials through training and building capacities of various relevant issues.

Understanding the Role of Academic Performance and Facial Attractiveness in Blame Attribution

This study seeks to understand the role of two variables – physical appearance and norm violation in terms of academic performance – in perception of guilt in sexual assault cases between legally trained and untrained emerging adults. Possession of positive characteristics such as physical attractiveness are found to result in positive cognitive bias in individuals, akin to a halo effect. Likewise, negative characteristics – such as poor academic performance, cheating - may result in the opposite effect, also known as horns or devil effect. The study sees to examine the interaction of male facial attractiveness with academic norm violation in determining perceptions of guilt. Lawyers play a critical role in legal decisions, both as advocates for the victim or defendant, or in contributing to the framing of legislation and policy about sexual violence. Therefore, the prevalence of cognitive biases will impact the strength of their belief and advocacy in their professional roles. However, the influence of halo and devil effects maybe be mitigated in lawyers and law students compared to adults without any legal training, as legal training is presumed to help define the parameters of sexual assault more clearly. The research aims to understand gender-based differences and their interactive with halo/devil effects in how guilt is assigned to the participants in an alleged sexual assault case.

Understanding the Influence of Gender and Consent on Judicial Decision Making in Cases of Image Base Sexual Abuse

The first aspect of this study involves a doctrinal analysis of judgements on IBSA to understand the underlying factors that might influence attribution of guilt and decisions on sentencing, bail and appeal. These are then tested in separate experimental designs to triangulate whether these have a biasing effect on judicial decision making. Understanding the perceptions governing judicial decision making is critical as IBSA is not conclusively well defined under Indian Criminal Laws. Additionally, they include instances of both 'done' and 'intended (threatened)' IBSA. Therefore, a comparative understanding of the factors that influence judicial decision making is crucial to study the feminist (or not) leanings of these judgements, and thereby by extension, the legal justice system.