Can having a DNA database increase rape case convictions?

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In News:

  • According to the National Crime Records Bureau, only about a quarter of rape cases ended in conviction in 2016.
  • Since identifying the rapist is the first step to serving justice, government is of the belief that India needs a sex offenders’ database or a DNA database of those accused and charged with rape.
  • India has developed a draft Bill for such a DNA database and the Andhra Pradesh government even announced that it has signed up with a private agency for collecting DNA from all its citizens.
Concerns
Based on experience in other countries, building such a database is not easy, does not always offer justice, and is an ethical landmine of sorts. (says experts)
Experts who routinely use DNA databases express serious concerns about DNA databases and profiling.
  • DNA identification technologies have advanced so much that even minor genetic differences, such as those among family members, may be used to distinguish individuals and identify a person from his or her unique DNA.
  • However, planting of DNA in a crime scene, misinterpretation of tests, and errors in analyses have all taken place in cases where DNA has been used to implicate a suspect, resulting in the miscarriage of justice. Besides, everybody leaves traces of DNA in numerous places, as cells are shed, leading to ridiculous mistakes.
  • Protecting innocent people’s privacy and their civil liberties and rights are the main concerns.
  • DNA information could be misused just as their personal information and profiles are being misused by many data mining companies.
  • There are instances of Police department involving in unethical and unlawful collection of DNA samples without warrants. Such samples later get included in forensic DNA databanks, thus violating people’s civil liberties.
Some people have said that having everyone’s DNA in the database would be a good thing, since anyone can be apprehended if matched to a crime scene. But experience with the U.K. and U.S. databanks has shown that having more innocent people’s DNA stored increases the chances of a false positive and has not increased the chances of finding a guilty match.
Way ahead:
Regarding a DNA database for India, at the very least, the following should be ensured:
  1. It is absolutely essential that the people from whom DNA is taken give their informed consent.
  2. Taking DNA secretively should be prohibited.
  3. A court order should be required for obtaining DNA without informed consent and the DNA should only be compared with the crime scene DNA for the suspect.
  4. Those who are cleared for a crime should not have their DNA information stored.
  5. DNA gathered from offenders should be destroyed after identification so that such information is not used for profiling in future.
  6. A court order should be necessary to access medical records for genetic data.
Connecting the dots:
  • According to the National Crime Records Bureau, only about a quarter of rape cases ended in conviction in 2016. Can having a DNA database of all citizens help increase convictions of rape accused?

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