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Opinion: India should make forensic DNA a priority in sexual assault cases

Washington, DC, USAUpdated: Jun 20, 2018, 04:26 PM IST
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Representative Image. Photograph:(Others)

By Tim Schellberg*

Forensic DNA is by far the most impactful tool ever utilised in the criminal justice system. In the late 1980s, it was first used as a method to determine if the DNA from known suspects matched with the samples found at crime scenes. While the growth of forensic technology has been prolific in most countries, India is woefully behind. Not only does India not have a criminal DNA database program, it has not even fully embraced basic DNA casework - collecting, testing, and comparing samples from crime scene with that of suspects.

India has been aware of the power of DNA since the early days. Nevertheless, India completes DNA analysis on less than 10,000 cases annually. This is a very small number for the size of India and its crime rate. By comparison, the United Kingdom completes DNA testing on an estimated 70,000 cases per year. India can even learn from other middle-income countries like Thailand and South Africa. While We estimate the Royal Thai Police collects and tests DNA from over 10,000 crime scenes annually despite being 12 times smaller than India, South Africa has been quick to develop infrastructure for an aggressive DNA case program which is showing results.

India is adequately aware of the power of DNA. In the 2012 Nirbhaya gangrape trial, the prosecution built an airtight case based on the DNA of the accused found at the crime scene. However, contrary to popular belief such tests are usually carried out only in high profile cases. That is not enough. Every case of sexual violence should trigger an aggressive DNA response. In such cases, samples should be collected, tested and compared to known suspects immediately. Without an aggressive DNA program, violent criminals and sexual predators will continue to escape punishment conviction rates will remain low and justice will elude victims.

Groups in India that focus on protecting women & children from sexual violence should demand DNA collection from crime scenes and insist on timely testing. Only then will India be able to take full advantage of this technology to lock away the guilty.

Many reasons are given for why India has such a small number of cases that get tested for DNA. Lack of training, funding, and judicial acceptance are common reasons heard. But it is time for India to make DNA forensics a priority. Leaders in the national and state governments should advocate for laws, policies, training and funding that makes DNA testing routine for heinous crimes. The recent announcement by the Union Women and Child Development Ministry to augment the DNA testing capacity at the Central Forensic Science Laboratory (CFSL) Chandigarh is a step in the right direction.

Like many countries, India has a violent crime and sexual assault problem. India should respond by implementing the best-known crime fighting tool - an aggressive forensic DNA program.

*(The author is Founder & President of US-based law form Gordon Thomas Honeywell)

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)