Effectiveness of DNA Profiling with special reference to DNA Technology ( Use and Application ) Regulation Bill, 2019

Authors

  • Dr. Belu Gupta Arora.

Abstract

Before the dawn of the twentieth century, the role played by one complicated molecule in the shape of all living things was one of nature’s best kept secrets. Who could imagine that a molecule known as DNA was a great architect of life? Or that Ribonucleic Acid (RNA) might act as its messenger.2 The discovery of DNA fingerprinting revolutionised criminal identification and forensic science. Just like ink fingerprints, DNA fingerprints are unique to every individual and can be used as legal evidence in court to prosecute or defend alleged criminals. In paternity cases, DNA fingerprinting technology can be used to identify or rule out persons as biological parents of a child. However, the development of this technology has given rise to a number of ethical debates including whether a person can be forced to give a DNA sample for analysis and who should gain access to such personal information. Also, the concept of a DNA database raises questions about personal privacy and civil rights, although it could be a key contributor to genetic research. Scientists are consistently finding that DNA Technology has become an important tool in the investigation process since the inception of the technology throughout the world. Since this technology has left a profound impact on the administration of justice and various countries of the world has adopted this technology and to adopt this new science in the legal system, have either changed or amended their existing laws and some countries have even introduced new special DNA legislations for maintaining proper balance between some human rights of the persons involved in criminal cases and the need of DNA evidence for the interest of justice and social security

References

Works of Publicists- Books and Digests:

Adhikary, Jyotirmoy, DNA Technology in Administration of Justice, Lexis Nexis Butterworths, New Delhi, 2007

Ganguly, D.K., Medical Jurisprudence and Toxicology (Principles, Practice and Procedure), Dwivedi Law Agency, Allahabad, 2007

Gaur, J.R. and V. Bhalla, Forensic Anthropology in Crime Investigation and the Administration of Justice, Shiv Shakti Books, New Delhi, 2008

L. Ragle, Crime Scene, Avon Books, New York, 1995

Lazer, David, DNA and The Criminal Justice System: The Technology of Justice, MIT Press, Cambridge, 2002

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Parekh, Manoj and S.P. Singh, Parmar, Crime Investigation and Medical Science, Dwivedi and Company, Allahabad, 2007

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Dictionaries and Lexicons:

Aiyar, K J, Judicial Dictionary,14th Edition, Lexis Nexis Butterworths, New Delhi,2007

Chandrachud, Y.V., P Ramanatha Aiyar, Concise Law Dictionary, 3rd Edition, Wadhwa, Nagpur, 2005

Garner, Bryan A, Black’s Law Dictionary, 8th Edition, Thomson West Publishing Co., United States Of America, 2004

Julia, Elliot, Oxford Dictionary & Thesaurus, Oxford University Press, New York, 2001.

Statutes Referred:

Constitution of India, 1950

Criminal Justice Act 2003

Criminal Procedure Code, 1973

DNA Identicication Act, 1998

DNA Technology Act, 1998

Family Law Reform Act, 1969

Identicication of Prisoners Act, 1920

Indian Evidence Act, 1872

Indian Penal Code, 1860

Information Technology Act, 2000

Police and Criminal Evidence Act, 1984

Prevention of Terrorism Act, 2000

The DNA Identicication Act 1994

Violent Crime Control and Law Enforcement Act 1994

Web Sources:

http://gujarathighcourt.nic.in/Articles/NBCI.pdf

http://www.nalsar.ac.in/pdf/NLR/Nalsar%20Law%20Review-Vol.%203.pdf

dbtindia.nic.in/DNA_Bill.pdf

Published

2021-11-30

How to Cite

Dr. Belu Gupta Arora. (2021). Effectiveness of DNA Profiling with special reference to DNA Technology ( Use and Application ) Regulation Bill, 2019. International Journal of Economic Perspectives, 15(1), 414–431. Retrieved from http://ijeponline.org/index.php/journal/article/view/97

Issue

Section

Peer Review Articles