Effectiveness of DNA Profiling with special reference to DNA Technology ( Use and Application ) Regulation Bill, 2019
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
Moitra, Dabashish and Rakesh Kaushal, Medical Jurisprudence and Toxicology and Special Chapter on DNA, 3rd Edn., Delight Law Publishers, Jodhpur, 2007
Parekh, Manoj and S.P. Singh, Parmar, Crime Investigation and Medical Science, Dwivedi and Company, Allahabad, 2007
Parikh, Swati and M.D. Mishra, The Principles of Medical Jurisprudence and Forensic Science, DNA Test and Toxicology, 3rd Edn., CTJ Publications, Pune, 2007
R. Gaur and V. Bhalla, Forensic Anthropology in Crime Investigation and Admninistration of Justice, Shiv Shakti Books, New Delhi, 2008
Saexna, D.R., Law, Justice and Social Change, Vedam Books, New Delhi, 1996
Saferstein , R, Criminalistics: An Introduction to Forensic Science, Prentice- Hall, Englewood, Cliffs, 2000
Samuel Alex and Swati Parikh, DNA Tests in Criminal Investigation and Paternity Disputes, Dwivedi and Co., Allahabad, 2009,
Sharma, B.R, Forensic Science in Criminal Investigation and Trials, 4th Edn., Universal Law Publishing Co. Pvt. Ltd., Delhi, 2003
Singh, Yashpal and Mohd. Hasan Zaidi, DNA Tests in Criminal Investigation, Trial and Paternity Disputes, Alia Law Agency, Allahabad, 2006
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
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