Technology – Legal Drift

Improper postmortem can lead to the death of justice

meghna 2 Comments body found in well, crime evidence established, dead body examination, doctor medical duty, duties of a doctor, duties of a judge, government doctor found irresponsible, justice denied, law schools medico-legal studies, lawyers medical forensics, legal expert, medical expert, medical language, medical testimony, miscarriage of justice, pattern of wounds, police investigation murder, portmortem test how is it conducted, postmortem expert, postmortem experts in india, rape cases, rape victims

A dead body was found in a remote village of Madhya Pradesh. It had been discovered in a well after seven days of the death of the deceased. It was in a heinous condition and the people were even scared to look at it. The matter was reported to the police. The constable went running to the house of the government doctor who was posted in the village.

There was party organized at his house. Everyone a couple of doctors, their wives and children were enjoying some quality time with each other.

The news was indeed pleasure to none. The other doctors immediately decided to leave the party as if the doctor on duty was disowned by the whole community.

The doctor also realized the pain and trouble he had to undertake to carry on his duty. Therefore he choose a convenient way out. Instead of fulfilling his duty deligently, he decided to stay and delegate his work to the drunk peon in the hospital. Consequently, the report lacked necessary details which could have been sufficient to arrest and prosecute the guilty. This is a true story was narrated by Dr. Satpati (a leading medical expert in postmortem).

The story is not a myth but an ignored reality. In most of the cases the accused is given the benefit of doubt due to lack of evidence. The laxity of police officials, investigating team and medical experts are the prime reasons for injustice and judicial failures.

The concern raised in the story mostly deals with the disinterest doctors have in examining dead bodies and rape victims. It is important to note why doctors are disinterest in carrying on their duties? The answer is simple conducting postmortem is not exactly the part of their duties. India lacks medical experts in areas of postmortem and rape. Thus these duties are often delegated to a government doctor who is on duty in a village or district.

The traditional Indian notions that dead bodies are to be dealt only by untouchables, still exists in the mindsets of the people. Hence like everyone else, the doctors also try to ignore or delegate their duties to not so expert “drunk peons”. The results are disastrous, it not only provides an easy exit to the offender but also results in gross miscarriage of justice.

Another problem which must be addressed is the lack of knowledge in legal practitioners about forensic science. Most of the times the judge, the lawyer and the accused have no knowledge to check the veracity of a medical experts testimony. Moreover the language of law is alien to the medical experts and the medical language is a stranger to the lawyers. This communication gap often leads to miscarriage of justice. The medical experts are aware that it is difficult to challenge their opinion and even if they act ignorant, careless or venal they have almost no accountability.

Dr Satpati in his lecture told that it is easy to discover truth, if proper investigation is undertaken and minute details are noticed. A connection must be established between the wound and injury to the weapon discovered. The difference in pattern of wounds can be used to figure out the number of weapons and thereby helping in deducing the number of attackers. The pattern of wounds are also helpful in deciding veracity of cases specially when the wounds are self-inflicted. The date of infliction of injury can be figured out by noticing the color of the wound. The color of the wound changes in the VIBGYOR pattern similar to that of the rainbow. Thus a corresponding link can be established between the day of the crime and the time elapsed thereof.

It is unfortunate that most of the times the evidence is not destroyed by perpetrators but by the guardians of justice. This defect can be cured only by appointing some more medical experts who specialize in areas of rape and postmortem. A collaboration must be developed between the legal (judges, students and lawyers) and medical experts. This must be initiated by imparting some basic knowledge on medical forensics to law students. Medical ethics is a term which is more related to field of medicine than medicines itself. The medical experts must not only treat it as their professional duty but also their moral duty. It is not the interest of the dead that they keep at stake. It is the faith of millions who believe in the medico-legal system that is risked.

Health Legal Mirror Technology

Decoding the D.N.A legislation in India

meghna 12 Comments cases D.N.A evidence, crime in india, crime scene investigation, D.N.A, D.N.A finger printing, D.N.A forensics, D.N.A laws in India, D.N.A LEGISLATION WORLD, Deoxyribonucleic Acid tests, DNA crime detection, DNA testing, forensic investigation crime, forensic SCIENCE, forensic technology crime in india, how is D.N.A profiling done, IMPORTANCE OF D.N.A in indian courts, INDIAN EVIDENCE ACT, The (Canada) D.N.A Identification Act

The forensic technology has played an integral role in solving criminal cases. D.N.A (Deoxyribonucleic Acid) tests, first discovered by Prof. Alec Jeffreys in 1985 in England has now become a credible source for identifying a person with the help of his blood, hair, sperm, muscle, nerve or tissue sample. Sometimes when the victims resist, they scratch their attackers, in such cases skin cells underneath the victim’s fingernails are extracted to identify the criminal. Compared to a blood test, the possibility of a D.N.A finger printing going wrong is one in 30,000 million.

D.N.A fingerprinting: – How is it done?

Specimens are collected from the crime scene. The DNA is isolated and cut to match against other samples. Subsequently, the strands are placed on a gel and an electric current passed through it The samples are then matched with the existing records of offender, arrested people and suspects.

DNA profiling narrows the list of suspects that authorities need to work through. The FBI commented that DNA profiling allows them to dismiss one-third of rape suspects because the DNA samples do not match. Authorities recognize the possibility of specimens being planted at crime scenes, and therefore continue to investigate the crime based on motive, weapon, testimony, and other clues in order to more accurately solve the case.

Law Regarding D.N.A testing in India as compared to other countries :-

India has no specific legislation or provision related to D.N.A testing. There is no provision under the Hindu Marriage Act, Indian Evidence Act, CrPc or CPC which a party could be compelled to submit one’s blood sample for examination. In such cases the court is bound to invoke Section 151, C.P.C for giving appropriate directions in the larger interest of Justice. Fortunately the courts have been instrumental in considering D.N.A tests as credible evidence from 1989.

However, countries like Australia, Canada and U.S.A have specific legislation related to DNA forensics.

The (Canada) D.N.A Identification Act, 1998 provides for the constitution of National D.N.A databanks. The act empowers judge to order persons for designated offences to provide D.N.A samples to derive D.N.A profile. The databanks help the investigative agencies in eliminating or identifying suspects or detecting serial offenders. U.K. Criminal Justice Act, 1995; provides that a blood sample for a D.N.A test may be taken forcibly by a court.

Loopholes in the present Legal System:-

1. It is on the discretion of the courts to consider D.N.A tests as a conclusive proof.

2. India has less number of D.N.A experts as compared to other developed countries. Moreover they are deprived of proper training, adequate laboratories, professional respect and perks.

3. The police is lacks the requisite knowledge of evidence collection from crime site. Most of the time the evidence is either ignored or destroyed.

4. The judges and lawyers lack forensic acumen and can be manipulated.

5. Even if evidence is send for D.N.A testing, the laboratories like F.S.L never produce the forensic reports on time.

6. Unlike Canada and Australia, we do not have a provision for National D.N.A Data bank.

7. Forcible blood test for D.N.A testing is not available in India.

8. It is often contended that the D.N.A testing violates the right to privacy of an individual.

9. Post-convict D.N.A tests are not recognized under the Indian law.

10. The power to issue directions for conducting D.N.A tests entirely rests on the court.

Recommendations

India definitely requires legislation in this regard. A D.N.A specialist must be given the status of an expert. They should be provided with adequate training and equipment. The number of laboratories must be increased. Moreover law students, lawyers, police and judges must obtain some official training and knowledge in D.N.A testing. The generation of forensic reports must be made time-bound. A D.N.A test must be not considered violation of individual’s right to privacy guaranteed under the constitution. There is a need for constitution of a National D.N.A data bank in the country. Before granting the right to D.N.A testing to post-convict, it must be ensured that the same is not misused by the prisoners.