Revisiting DNA Profiling: A Legal Perspective After the June 2024 Madras High Court Ruling

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DNA profiling, also known as DNA fingerprinting, is a fascinating process used to identify individuals by examining unique regions of their DNA. Although 99.9% of human DNA is identical across everyone, that tiny 0.1% contains unique sequences called Short Tandem Repeats (STRs). These STRs are like a genetic fingerprint, varying from person to person, and they play a key role in forensic investigations.

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DNA is the genetic material that holds the instructions for building and maintaining all living organisms. In animals and plants, DNA is found in the nucleus of cells, while in bacteria, it's in the cytoplasm. Think of DNA as a spiral staircase, a double helix, containing 23 pairs of chromosomes—one set from each parent. These chromosomes are made up of sequences of four building blocks: Adenine (A), Guanine (G), Thymine (T), and Cytosine (C).

DNA can be collected from various biological materials like blood, saliva, and other body fluids. This is where DNA profiling comes into play, focusing on specific regions of the DNA called genetic markers. STRs are the most commonly used markers because of their variability among individuals (except for identical twins).

The DNA Profiling Process: Step by Step

1. Isolation: Extracting DNA from collected samples.
2. Purification & Quantitation: Cleaning the DNA and measuring its concentration.
3. Amplification: Replicating selected genetic markers to have enough DNA for analysis.
4. Visualization & Genotyping: Identifying and analyzing the specific sequences of the DNA markers.
5. Statistical Analysis & Interpretation: Comparing DNA profiles and calculating the likelihood of a match.

In special cases, like when samples are degraded, scientists may use miniSTRs or mitochondrial DNA (mtDNA), which are more likely to survive in tough conditions.

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When it comes to the courtroom, DNA profiles from evidence are compared with known samples. This comparison can lead to three possible outcomes: a match (suggesting a common source), exclusion (indicating different sources), or an inconclusive result.

Even when there's a match, it doesn't conclusively prove identity. Experts provide a "random occurrence ratio," which tells us how often similar profiles might appear in the population. This is where the Madras High Court's ruling becomes important—it reminds us that a DNA match alone isn't enough to prove guilt beyond a reasonable doubt.

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India's legal framework includes protections and guidelines for DNA profiling:

• Article 20(3) of the Indian Constitution protects individuals from being forced to testify against themselves.
• Article 21 safeguards the right to life and personal liberty.
• The Code of Criminal Procedure, 1973 (CrPC) allows for DNA profiling of suspects, especially in cases involving sexual offenses.
• Indian Evidence Act, 1872 governs the admissibility of expert testimony, including DNA evidence.

Several court cases, like Pattu Rajan v. State of T.N. (2019) and Sharda vs. Dharmpal (2003), have explored the value and limitations of DNA evidence, emphasizing that while it's powerful, it should be considered alongside other evidence.

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While DNA profiling is a powerful tool, it's not without its limitations:

• Environmental Stress: DNA can be damaged by environmental factors, leading to degraded samples that are harder to analyze.
• Complexity and Reliability: The process is complex, and issues like contamination or delays can affect the results.
• Cost: DNA analysis is expensive, which can limit its accessibility in some cases.
• Legal Interpretation: DNA evidence should not be viewed as infallible. Courts need to consider it alongside other evidence to ensure a fair verdict.

The DNA Technology (Use and Application) Regulation Bill, 2019 was introduced to address some of these challenges, but it has faced opposition due to concerns about privacy and the potential for misuse.

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The Madras High Court's June 2024 ruling is a reminder of the complexities involved in using DNA evidence in legal cases. While DNA profiling is a remarkable scientific tool, it must be used carefully and in conjunction with other evidence to ensure justice is truly served.

As DNA profiling continues to evolve, how do you think the legal system should balance its power with the need for other corroborating evidence? Should there be stricter guidelines on how DNA evidence is used in court?

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