Recently the Supreme Court has voiced concerns over the increasing use of DNA to prove cases.
About:
Deoxyribonucleic Acid (DNA) is a set of instructions found in a cell.
These instructions are used for the growth and development of an organism.
The DNA of a person is unique, and variation in the sequence of DNA can be used to match individuals and identify them.
DNA technology, therefore allows for accurate establishment of an individual’s identity.
In addition, DNA-based technology helps in identification of victims in the event of terrorist attacks or natural disasters such as earthquakes.
For example, DNA technology has been used to identify victims of terrorist attacks on the World Trade Centre in 2001, and disasters such as the Asian tsunami in 2004.
Further, DNA profiling can be used in civil matters, such as parentage related disputes.
Precedents set by court:
Bhabani Prasad Jena, 2010 & Banarsi Dass, 2005: Precedents set by the Supreme Court through the years show that judges cannot order genetic tests as a “roving enquiry” ( Bhabani Prasad Jena, 2010) and they must balance “the interests of the parties” ( Banarsi Dass, 2005).
DNA tests should also not be ordered if there was other material evidence at hand to prove the case.
Ashok Kumar v. Raj Gupta 2021: The court said judges, before ordering a genetic test, should examine “proportionality of the legitimate aims” being pursued.
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