Growing Demand for DNA Tests
Source: Hindu
GS III: Science and Technology
What is discussed under the Growing Demand for DNA Tests?
- DNA Testing
- Key Facts of the SC’s Concern
Why in News?
The Supreme Court has expressed worry about the growing use of DNA testing to support cases, while activists for women’s rights see the technology as an empowering one.
Scenario
- The Supreme Court recently ruled in a case involving a woman that forcing someone to submit to a DNA test against their will would violate their personal liberty and right to privacy.
- The verdict emphasises the expanding usage of a technology that supports the cause of justice on the one hand but infringes privacy on the other.
DNA Testing
DNA technology
- DNA is a collection of instructions that may be found in a cell.
- These guidelines aid in the development and growth of an organism.
- Each person has a unique DNA sequence, and variations in this sequence may be utilised to identify and match people.
- DNA technology makes it possible to establish someone’s identification precisely.
- The technique of identifying a person’s DNA patterns is called DNA profiling.
- Obtaining relevant DNA samples is the initial stage in the DNA profiling process.
- To create an individual DNA profile, just a small number of cells from the skin, the hair follicle, or body fluids like blood, saliva, or semen are required.
- During police investigations, DNA is frequently found at crime scenes. Following this discovery, people of interest may be invited to voluntarily submit a DNA sample.
- The courts have the authority to require a suspect to submit a DNA sample if there is substantial evidence against them.
Use of DNA profiling
- Determine the likely source of a bodily fluid sample linked to a crime or crime scene using DNA profiling.
- Discover family connections or conduct a parentage test.
- Locating missing persons or victims of accidents or disasters.
Key Facts of the SC’s Concern
- DNA testing is being requested by more and more complainants; this demand is growing by around 20% annually.
- According to DNA Forensics Laboratory Private Limited, it examines between 300 and 400 samples each month that is both requested privately and ordered by a court.
- Up until five years ago, there were just 30–40 people in total.
- One of the largest facilities recognised by the National Accreditation Board for Testing and Calibration Laboratories (NABL) is DNA Forensics Laboratory Private Limited.
- Although it is small in comparison to the 70 other nations that use DNA technology, India’s laboratories do just 3,000 or so DNA tests yearly.
DNA test precedents that the court has established
- According to Bhabani Prasad Jena (2010), judges are not permitted to order genetic testing as a ‘roving inquiry’ and DNA tests shouldn’t be requested if there is other tangible evidence available to support the claim.
- In the Ashok Kumar decision, the court ruled that before approving a genetic test, courts should consider the ‘proportionality of the legitimate aims’ being pursued.
- Different perspectives of the Supreme Court and High Courts: The issue is complicated by the different perspectives taken by the Supreme Court and High Courts, which tend to concentrate on the specifics of each case.
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