Rising Interest in DNA Testing

The Supreme Court recently voiced worry over the rising use of Deoxyribonucleic Acid (DNA) Tests in legal proceedings.

What are the relevant issues?

• DNA testing are being requested by an increasing number of complainants. According to the government laboratory, these demands are rising by almost 20% a year.
• Despite the fact that the 3,000 or so DNA tests carried out annually by Indian laboratories pale in comparison to the 70 other countries that rely on DNA Technology, the rise in demand disproves concerns about privacy and potential data abuse.
• In the quest for justice, DNA testing straddle the line between the "eminent need" to learn the truth and its manifestation in the form of evidence in a criminal case, an allegation of marital infidelity, or the establishment of paternity. as well as the dangers of slipping into self-incrimination and invading someone's privacy.
• This draws attention to how technology is increasingly being used to enhance the court system, but it also infringes on people's privacy.
• The Supreme Court recognised that physical autonomy and privacy are components of the Right to Life under Article 21.

What is DNA (deoxyribonucleic acid)?

• The organic molecule deoxyribonucleic acid (DNA) has a complicated molecular structure.
• The strands of a DNA molecule are composed of a lengthy chain of monomer nucleotides. It is structured as a double helix.
• In 1953, Francis Crick and James Watson made the discovery that DNA is a double-helix polymer.
• It is crucial for the transmission of a living thing's genetic traits from one generation to the next.
• Nuclear DNA is referred to as such since the majority of it is contained in the cell nucleus.
• DNA stores data in the form of a code made up of four Nitrogenous bases.
  • Purines:
  • Adenine (A)
  • Guanine (G)
  • Pyrimidines
  • Cytosine (C)
  • Thymine (T)

USES of DNA testing

Paternity determination

• In cases involving moms and children who have been abandoned, DNA testing is crucial for locating the parties and ensuring justice.
• When the court needs to decide on the question of support and determine the parents of the child, it is also a very useful strategy Predicting health conditions in infants

DNA testing is also commonly used to predict if an infant has certain health conditions:

• For example, genetic abnormalities like down syndrome or high-risk to certain types of cancer can be detected in an unborn foetus.

Criminal investigations

• DNA testing is also famously used in criminal investigations to determine the guilt of individuals. It is like an invisible footprint that is left behind on crime scenes that is very difficult for criminals to avoid leaving behind (skin, hair, and bodily fluids can all be examined).

Family ancestry

• DNA testing has been enormously influential when it comes to family ancestry. It can be used to reconnect family lineages and help people find out who they really are in a historical context.

Archaeology

• DNA testing has famously been used to track the history of humans and other living organisms through the passage of time. This evidence is the key component behind the modern understanding of the theory of evolution, showing the close link between other mammals and humans in terms of the makeup of our genetic code.

What precedents have the Supreme Court established in earlier cases?

• Judges are not permitted to order genetic tests as a "roving inquiry," according to Supreme Court precedents established over the years (Bhabani Prasad Jena, 2010).

• It was determined in the 2005 Banarsi Dass case that a DNA test had to balance the interests of the parties. DNA analyses Furthermore, if there was already physical evidence on hand to support the claim, DNA tests shouldn't be requested.
• In its Ashok Kumar ruling 2021, the court ruled that courts should take the "proportionality of the legitimate purposes" into account before requiring a genetic test.
• The argument for privacy has been furthered by the Constitution Bench's 2017 decision in the K.S. The Puttaswamy case, which affirmed that the Right to Privacy is a component of the Right to Life (Article 21).

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