The process of catching perpetrators of sexual crime, which are sadly on the rise in India – be it Kathua, Chennai or Bihar – can be hastened if there is a database with DNA profiles of repeat offenders, as most of such crimes are committed by habitual offenders.
With more than 4,00,00 incidents of violent sexual assaults and rape crimes reported in the country every year and a conviction rate of only 25%, or one in every four, speedy justice is the need of the day.
DNA testing is used as a standard procedure in cases of heinous crimes all over the world. But in India complete DNA testing is done on less than 10,000 cases every year.
“If DNA profiling is used it can have a big impact on investigations which include helping to convict criminals; proving beyond reasonable doubt if the accused has been falsely implicated and is in fact innocent; connect unrelated crimes and even prevent crime. It is also useful in times of natural disasters,” feels Ravi Kant, Sr. Advocate, Supreme Court of India, Founder President – Shakti Vahini.
What is DNA database?
It is a data bank that holds ‘DNA profiles’ of the citizens of a country. DNA establishes the biological identity of an individual beyond doubt and it helps beyond doubt to determine whether there is any biological relationship between two persons. If a database exists, the it can be cross-reference in any crime.
The database can be narrowed for DNA profiles of individuals, who have been arrested or convicted in the past or repeat offenders.
How does it help?
The profile of the accused can be cross referenced for potential matches. The use of DNA can help solve crimes, identify missing persons, and determine biological relationships between people. In criminal investigations it could lead to higher conviction rates, especially in cases of murder, rape or human trafficking, among other crimes involving the human body.
The innocent can be exonerated as was seen the Venkatesh case, who was pronounced innocent after spending seven years in jail. He was cleared of the charge of raping and murdering a woman (maid) after DNA forensic examination found him innocent.
The guilty too get expeditious justice as was seen in the Kathua and Nirbhaya rape case. “DNA Database is a key tested method to detect serial crimes. It is a deterrence to the criminals. DNA Databases have an inbuilt mechanism to address privacy issues,” says Dr. Arun Sharma, Director, Forensic Services, Himachal Pradesh.
Does it violate an individuals privacy?
There is a raging debate on this issues, specially after the Sri Krishna report on data privacy. However, the draft Bill on DNA testing says if cross-referencing leads to a match only then is the crime lab notified and information released to investigators. Moreover, each new profile is stripped of an individuals name and given a specimen ID. Profiles are inaccessible by third parties and not a part of the criminal history.
“In order to check its misuse, the proposed legislation is also mandating a DNA Profiling Board, which will be constituted as a statutory body and will be responsible for supervising, monitoring, inspecting and assessing DNA laboratories. Strong security measures should be implemented to protect the DNA samples and the DNA database from unauthorised physical or electronic intrusion. Also, to strengthen protection of the samples and unauthorised usage or leakage the same will be a cognizable offence,” feels Kant.