The science and technology ministry plans to introduce in the next Budget session of Parliament the DNA Profiling Bill, 2007, to augment and transform forensic investigation and criminal justice delivery system.
The fact that crime in India is on the rise is not an arguable fact. The law enforcement agencies say there is a need to implement science and technology more extensively in criminal investigation. However, the problem is the lack of resources available in India and the shortage of expertise in this field.
Against this backdrop, let us see what the experts have to say and what are the contents of the DNA Profiling Bill of 2007, which is yet to get the Union Cabinet's nod. At present in India, there are around 90,000 cases which need a DNA study, and the irony is that there are just 16 forensic labs across the country with DNA profiling ability.
The DNA Profiling Bill aims at bridging this gap and makes a provision to set up more laboratories across the country. Further, the bill also proposes to regulate the use of DNA profiles only for the lawful purpose of establishing identity in criminal or civil proceedings.
Further, the bill also aims to achieve standards for laboratories, staff qualifications, training, collection of body substances, custody trail from collection to reporting and a data bank. The Bill also makes provisions for a DNA profiling board, which will comprise scientists, administrators and law enforcement officers.
Dr Lalji Singh, architect of DNA finger printing in India, had said that DNA can be analysed on the basis of what comes to the lab and hence the exercise of collecting samples was necessary and vital.
DNA analysis is a relatively new concept in India and there is quite a long way to go. Experts point out that there is an immediate need for creating a database of all those who are convicted. This, according to the experts, would go a long way in helping in investigation. The problem is that only a few high ranking officials are trained in DNA profiling. "It is the constable who reaches the crime spot first. Hence, it is essential that training in DNA profiling needs to be imparted at the constable level."
H S Chandramouli, state public prosecutor, says while DNA profiling is admissible under the Indian Evidence Act, this technology is relatively new to the police force and the need of the hour is more labs with DNA profiling abilities. He also added that DNA profiling is crucial in both investigation and the conduct of trials and hence, the sooner the technology is put to best use, the better.
The police feel that training should not only be restricted to them, but even judges and lawyers should be trained to conduct such cases more effectively.
The crime rate in India has gone up at least 50 times in the past ten years and sadly, the conviction rate across the country remains at a poor 39 per cent. Legal experts point out that this is largely because the existing technology such as DNA profiling is not made use of fully.
The job of the government does not end with the introduction of the bill. After the introduction of the bill, all measures will have to be taken to ensure its implementation. This means that the government would need to cough up at least Rs 2,384 crore for the same.
What the bill says
Constitution of DNA Profiling Board: This board will supervise the other labs in the country and will also help in the constitution of more labs. The board will also have the responsibility of imparting training to investigating officers.
The bill also aims to centralise the entire procedure of DNA profiling. The 2007 bill states that all the DNA labs across the country shall obtain prior permission from the board before conducting any test. The bill also empowers the board to reject any application for the conduct of a DNA test. However, it provides for a provision to appeal to the Union government in case an application is rejected. The government feels that a centralised method will go a long way in investigating cross-border cases.
The bill has also kept in mind the growing threat of terrorism across the world. A provision to share data with other countries also finds a mention in the bill. Once the bill is passed by Parliament, the first thing that would be set up is a DNA data bank. This will comprise the index of suspects, convicts, missing persons and unidentified dead persons. All the labs across the country will have to contribute to the bank.