GENETIC JURISPRUDENCE: REIMAGINING INDIAN LEGAL SYSTEM'S APPROACH TO DNA EVIDENCE AND PRIVACY PROTECTIONS

Abstract

Within the area of justice delivery system all over the globe, incorporation of DNA information has emerged as a crucial instrument in establishing truth, guaranteeing fairness, and preserving the ideals of justice. In India use of DNA information in criminal justice system has sparked extensive deliberation regarding its potential, as well as ethical, human rights, privacy concerns it entails. This research paper explores the complex terrain of DNA technology deployment, with a particular focus on delicate balance between individual rights and societal welfare. It shall examine two key legislative initiatives i.e., the DNA Technology (Use and Application) Regulation Bill, 2019 and the Criminal Procedure (Identification) Act, 2022. It shall delve into the implications of these laws on the judicial system's handling of criminal offenses, analysing the potential impact on due process, privacy, and the fundamental rights of citizens. The deliberation on this topic is significant to evaluate legislative intent, scope of DNA data collection, usage, and safeguards (or lack thereof) incorporated to protect individual liberties. By examining the Indian context within the broader global discourse on the use of DNA evidence in the justice system, this paper seeks to contribute to the ongoing dialogue on redefining the boundaries of genetic governance and striking a delicate balance between the imperatives of national security, public welfare, and individual rights in the face of an ever-evolving technological landscape.

KEYWORDS:  DNA, Privacy, DNA Bill, the Criminal Procedure (Identification) Act of 2022.