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Science & Tech.
Mahesh

01/11/22 21:59 PM IST

Demand Grows, But DNA Tests Fall Under A Grey Area

In News 
  • The Supreme Court has recently held in a case concerning a woman that compelling an unwilling person to undergo a DNA test would be a violation of his/her personal liberty and right to privacy.
DNA Analysis 
  • DNA analysis, also called DNA typing or DNA profiling, examines DNA found in physical evidence such as blood, hair, and semen, and determines whether it can be matched to DNA taken from specific individuals. DNA analysis has become a common form of evidence in criminal trials.
  • National Accreditation Board for Testing and Calibration Laboratories (NABL)- It says it tests around 300-400 samples each month-both private requests and court-mandated.
  • The number of complainants seeking requests for DNA tests is increasing at a rate of 20% per year.
  • It incorporates the threat of self-incrimination as well as encroachment on individual privacy although it is of eminent need to find the truth in the form of evidence in a criminal case, a claim of marital infidelity, or proving paternity as a DNA test is the only tool that can deliver justice in cases of abandonment of mothers and children.
Judgements by Supreme Court 
  • Bhabani Prasad Jena, 2010: Judges cannot order genetic tests as a “roving inquiry” and the DNA tests should not be ordered if there was other material evidence at hand to prove the case.
  • Ashok Kumar judgment: The court held that the judges should examine the “proportionality of the legitimate aims” being pursued before ordering a genetic test.
Concerns 
  • While dealing with claims of infidelity, a request for a DNA test competes with the conclusiveness of Section 112 of the Indian Evidence Act,1872 which presumes that a child born to a married woman is legitimate and the burden of proof is on the person claiming illegitimacy of the child.
  • The imperative of justice contradicts that of bodily autonomy of the individual and the surge of requests for DNA tests encompasses the threat of privacy and concerns about possible abuse of data.
  • In Justice K. S. Puttaswamy and Ors. Vs Union of India case, the apex court has interpreted the Constitution to include the right to privacy as a fundamental right.
  • A DNA sample of an individual can provide additional information with regard to that individual other than his identity.
About DNA 
  • It was first identified by James Watson and Francis Crick in 1953.
  • The DNA (Deoxyribonucleic Acid) is a complex molecule that contains all the information necessary to build and maintain an organism.
  • DNA can be extracted from saliva, hair, blood, bones, semen, and from other organs of the body.
  • The DNA of every person is unique in itself, and variations in the sequence of DNA can be used to match individuals and identify them.
  • DNA Technique helps in the identification of criminals on the scientific lines.
  • The DNA technique is basically made up of amino acids and it is matched with the bases which provide the key to determining the genetic blueprints of a living being.
Benefits 
  • DNA profiling is the process of determining an individual's DNA characteristics.
  • The first step in DNA profiling is to procure relevant DNA samples. Only a few cells from a person’s skin or the root of a hair — or from bodily fluids like blood, saliva, or semen are needed to build a unique DNA profile.
  • DNA is often discovered at crime scenes during police investigations, after which persons of interest may be asked to voluntarily provide their DNA sample.
  • If there is a strong body of evidence against a suspect, the courts can order them to provide a DNA sample.
Source- The Hindu 

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