Divergent Views on DNA Testing

What is DNA Testing?

DNA is the hereditary complex molecule which contains all the information necessary to build and maintain an organism including biological information.

DNA is a very powerful tool for investigation because no two people can have the same DNA except in the case of identical twins.

DNA testing involves a process called DNA Fingerprinting or DNA profiling which is a method of isolating and identifying variable elements within the base-pair sequence of DNA.

Stats IQ: The growing Use of DNA Testing in India

Complaints seeking DNA tests are increasing by around 20% each year.

DNA Forensics Laboratory Private Limited says it tests around 300-400 samples each month that are both private requests and court-mandated. The numbers were only around 30-40 till five years ago.

DNA Testing Arguments of the Supreme Court

Privacy violation: In a recent case, the Supreme Court held that compelling an unwilling person to undergo a DNA test would be a violation of his/her personal liberty and right to privacy.

Justice Vs Privacy dilemma: The Supreme Court argues that the spreading use of DNA technology to prove cases aids the cause of justice on the one hand but violates privacy and facilitates the dangers of slipping into self-incrimination on the other.

Important Supreme Court Verdicts on DNA Testing

In Bhabani Prasad Jena, 2010; Supreme Court held that judges cannot order genetic tests as a “roving enquiry “and they must balance the interests of the parties.

In the Banarsi Dass case, 2005, it held that DNA tests should not be ordered if there was other material evidence at hand to prove the case.

Ashok Kumar Vs the State of Rajasthan, 2021: The court said judges, should examine “proportionality of the legitimate aims”, before ordering a genetic test.

The Arguments of Women’s Rights Activists

The only tool for justice: They argue that a DNA test is the only tool which can deliver justice in cases of abandonment of mothers and children by identifying the real biological parents.

Justice to the child: DNA tests may not be conclusive proof in cases of heinous crimes like rape but for paternity, protection has always been towards the children.

Pros and Cons of DNA Testing Evidence in Criminal Cases

Pros

• Scholars regard DNA evidence as “probably the greatest forensic advancement since the advent of fingerprinting”
• It can prove actual innocence even when other trustworthy evidence plays in the defendant’s favor
• If handled properly, DNA evidence can be stored for years which is helpful because investigations and criminal court proceedings can last a long time
• Police officers with unidentified samples can search for matches using DNA databases
• DNA evidence beats eyewitness evidence when it comes to reliability

Cons

• DNA evidence is only found in a small fraction of crime scenes
• Evidence such as confessions, murder weapons and other forensic evidence must supplement DNA evidence, as juries don’t always base their verdicts upon DNA evidence alone
• Human error involving a lack of training, sloppy work and cross-contamination, among other issues, can interfere with the reliability of DNA evidence
• DNA samples can pose privacy concerns as they identify your family relationships, ancestry and potential for diseases
• Criminals can plant DNA evidence to frame an innocent person for the crime, also known as “crime framing”

Process of DNA Testing

DNA/Genetic tests are performed on a sample of blood, hair, skin, amniotic fluid (the fluid that surrounds a fetus during pregnancy), or other tissue.

The DNA testing process is comprised of four main steps, including extraction, quantitation, amplification, and capillary electrophoresis.

Where DNA Testing Used

Crime scenes: DNA tests are used in the criminal investigation by the police where they find the suspect by matching the DNA samples of the crime scene with the suspected person’s DNA.

Finding inheritance: Examination of DNA variations can provide clues about where a person’s ancestors might have come from and about relationships between families.

Legal Provisions on DNA Testing in India

There is no specific legislation which is present in India which can provide specific guidelines to the investigating agencies and the court for dealing with DNA testing.

Some sectionse. Sections 53, 54, 53(A), 164(A) of Code of Criminal procedure govern science and technology issue to certain extend.

Therefore it is completely left on judicial discretion either to permit DNA test or to deny any such request.

Section 53 of Code of Criminal Procedure1973:

• It authorizes a police officer to get the assistance of a medical practitioner in good faith for the purpose of the investigation.
• But, it doesn‘t enable a complainant to collect blood, semen etc. for bringing the criminal charges against the accused.

The Code of Criminal Procedure (Amendment) Act, 2005:

• It has brought two new sections which authorize the investigating officer to collect DNA sample from the body of the accused and the victim with the help of medical practitioner.

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