DNA Profiling in India: Laws, Ethics & Future Scope

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DNA Profiling in India: Laws, Ethics & Future Scope

The terms "DNA profiling" and "DNA typing" refer to the thorough examination of DNA. This method entails chemically breaking down DNA into pieces that create a distinct pattern, then comparing the identification profile to the pattern found by analyzing a suspect's blood sample in a similar manner. The probability of mistake or the likelihood that they do not belong to the same person, may be less than one in 30 billion if the two patterns match.

In essence, DNA profiling is a biological method that enables scientists to compare DNA material samples. Forensic scientists use a process called DNA profiling to help identify people based on their unique DNA profiles. When a person's genetic profile is revealed by DNA analysis and compared to samples taken from crime scenes or, in the instance of paternity, with the sample of the other person, it offers definitive evidence of a relationship or link. The method is known as "justice through advance science." There are several reasons why this novel forensic method has been promoted:

Evolution of DNA Profiling in India

In 1986, UK police utilized DNA traces to confirm the suspect's confession in a case where he was found guilty of the rape and murder of two innocent individuals. This was the first documented instance of DNA identification being used in forensics. Later on, though, it became evident from the test results that the suspect was not the real criminal. However, the DNA evidence gathered from the crime scene or the perpetrator was not permitted to be presented as genuine evidence in a court of law, despite the fact that this approach was scientific in nature. Here, we've provided all the information about how DNA analysis entered the forensics industry and how it got to where it is today:

1. Introduction to Forensic DNA Examination:

Over the years, DNA analysis has advanced due to technological advancements and the availability of facilities for the analysis. This method offers more and better knowledge in a shorter amount of time than previous eras, even if there is less material accessible for analysis.

Following sample examination, the professionals develop a profile of the individual to whom the DNA belongs. Originally called "DNA Fingerprinting," this profiling technique is now known as "Forensic DNA Profiling," and it was first utilized in the middle of the 1980s.

2. Obstacles to the Acceptance of DNA Analysis:

At first, DNA profiling was not thought to be reliable enough to be used as proof in court. This was due to the fact that the reports that were produced were based on probability rather than verified facts, and the evidence was subjective in terms of scientific interpretation.

Nonetheless, this DNA analysis technique gained popularity in the 1990s and was therefore widely recognized as proof. A notable development in the realm of forensic science has been the drastic shift in the acceptability of DNA profiling as evidence, from being viewed as an unreliable and unauthentic source to being regarded as the gold standard in criminal investigation.

3. Development of the Use of bodily Fluids in DNA Analysis:

It is not unusual for bodily fluids to be found at crime scenes. This is due to their ease of discovery at any crime scene, which makes them suitable for use as evidence in criminal investigations. Saliva is the most often discovered evidence in criminal cases and is easily obtained from bite marks, used tissue papers, water glasses, etc.

Since it may be gathered using swabs, cytobrushes, mouth rinses, and vials, even gathering this type of evidence are the simplest. DNA sequencing, hybridization, PCR, SNP genome typing, and other techniques are used to genetically examine saliva. Over time, the method has improved in speed and ease of use, and the cost of the test has decreased without compromising the quality of the results.

4. Application of Ancient DNA in Forensic Evolution:

Compared to contemporary samples, the amount of DNA content present in ancient DNA evidence is somewhat smaller. Therefore, it is recommended that such samples be gathered as accurately as possible to minimize the possibility of DNA loss and to get the most value out of them.

Ethical Concerns in DNA Profiling

  • Privacy concerns: possible abuse of genetic data.
  • Data security: preventing breaches in DNA databases.
  • Consent issues: DNA collection that is required versus optional.
  • Risk of misuse: targeting underprivileged groups and erroneous convictions.
  • Juggling the public interest with individual liberties.

Future Scope of DNA Profiling in India

Every person has a different percentage of their DNA sequence. Such distinct DNA sequences may be found by certain probes, which can then provide a DNA profile tailored to each individual. Using methods from molecular biology, this may be seen as bands. Scientists from CSIR-CCMB created their own DNA fingerprinting probes in 1988 and introduced the method to the public. Thus, India developed its own DNA fingerprinting probe, making it the third nation in the world to do so.

The method developed as a result of basic study on the molecular basis of snake sex determination. The Indian banded krait snake's small satellite DNA provided the probe. Additionally, they discovered that human DNA could be accessed by snake probes. Using these probes, the researchers discovered a DNA banding pattern unique to each individual. Given the more typical usage of fingerprints and handwriting, it might thus be used to verify an individual's identification.

A paternity issue lawsuit involving DNA fingerprinting was brought before the Kerala High Court in 1991. Additionally, it was acknowledged as an unfailing piece of evidence in a court of law for the first time in the history of the Indian judiciary.

Since then, CSIR-CCMB has applied this native method in hundreds of situations, including as rape and murder cases, missing child identification, paternity disputes, baby exchanges in maternity units, and mutilated body identification. These include the dramatic incidents of the killing of Punjab's chief minister, the well-known Tandoor murder case of Naina Sahni, the assassination of the late Prime Minister Shri Rajiv Gandhi, and the resolution of the Swami Premananda affair.

Future of DNA fingerprinting in India:

DNA fingerprinting has been used in India to prove the guilt of suspects and convicted criminals. Nonetheless, the technology may be just as helpful in proving the innocence of both suspects and convicted individuals. This technique has not yet been used in India to prevent erroneous convictions. There are also very few references to DNA in the Indian judicial system. When it does, it solely discusses the protocols and circumstances surrounding the collection of DNA samples from the victim and the accused.

DNA fingerprinting is accepted by the Indian legal system as corroborated evidence, not yet as definitive proof. The main obstacles include the absence of rules governing sample collection and data storage, as well as the ambiguity surrounding the type of information contained in DNA fingerprinting data. Additionally, the technology raises concerns about potential violations of rights to privacy, dignity, health, and the presumption of innocence. Minorities in our society become insecure as a result. There are differences in the duration of the data's availability and the ways in which individuals can utilize it in different situations. Instances of data fraud have occurred throughout the nation. Despite all of this, DNA fingerprinting technology is barely used in 2-3% of Indian court proceedings.

However, there are an estimated 40,000 unidentified bodies in India. Every year, almost lacs of youngsters disappear. If the laws are more organized, all of these might profit from the use of DNA fingerprinting technology. In India, the current DNA law aims to address data security, quality, and accuracy as well as associated issues. Its goal is to create a DNA Regulatory Board that will set rules, regulations, and protocols for the setup and operation of DNA data banks and testing facilities. In order for DNA fingerprinting technology to become more commonplace in court proceedings and go beyond a few chosen cases, the nation expects that the measure would close many of the existing loopholes.

Conclusion

DNA profiling has emerged as one of the most powerful tools in modern forensic science, bridging the gap between technology and justice. While India has made significant progress in adopting this technique—from developing indigenous probes to its acceptance in landmark judicial cases—the road ahead demands a careful balance between scientific advancement, legal safeguards, and ethical considerations. With stronger laws, better data protection frameworks, and wider awareness, DNA profiling can not only enhance the accuracy of criminal investigations but also play a crucial role in exonerating the innocent, reuniting families, and addressing the challenges of missing persons and unidentified bodies. If implemented responsibly, it holds the promise of transforming India's justice delivery system into one that is both more efficient and more humane.