'Guilty, m'lord, the DNA shows it,' as published in Fountain Ink, a paper by Gajanan Khergamker on DNA Profiling and Inherent Risks

The burden of proof has shifted. From being squarely on the prosecution who would have to prove the accused’s complicity in the crime, modern investigation techniques like Deoxyribose Nucleic Acid (DNA) testing when used arbitrarily, shift the onus of proof entirely on the victim.
In Mumbai, owing to a series of child rape-murders, the police go on DNA collecting spree even recently having collected more than 1,000 blood samples of ‘suspects’ amidst serious concerns of consent and contamination which could quash the prosecution in court in a series rape-murder case. This, even before the Human DNA Profiling Bill 2012 gets passed and turns into a law.
The fears are real and palpable as the humans risk being ‘codified’ and ‘tabulated’ and forced to pay for a guilt that’s presumed till proven innocent. The tests besides being arbitrary are questionable and whose findings likely to be quashed in court don’t affect the police. They’re doing their job…however shabbily!
When an individual is made to undergo a DNA test, the test though being investigative in nature, swiftly attributes a load of doubt on the credibility of the individual particularly so in a society swift to jump to conclusions. And so, the individual whose DNA’s tested is perceived as guilty till the results of the test arrive and vindicate his innocence.

Download the full PDF document here

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