DNA Sampling

DNA Sampling and Its Expanding Footprint in India

A dismembered arm, charred beyond recognition, was all that remained of one victim from the recent car explosion outside the Red Fort in New Delhi. Identifying the deceased seemed impossible — until a single DNA swab from bone tissue illuminated the victim's unique genetic signature. The case has brought DNA profiling back into the spotlight, reigniting debates about its technological promise versus its ethical baggage.

The DNA Technology Framework in India

The Criminal Procedure (Identification) Act, 2022 allows investigators to collect DNA samples from arrestees, undertrials, and convicts — an expansion from the limited provisions for fingerprinting and photography under the 1920 Identification of Prisoners Act. Meanwhile, the unpassed DNA Technology (Use and Application) Regulation Bill, 2019 offered a more comprehensive regulatory framework, including a proposal to establish a DNA Regulatory Board, set laboratory standards, and address concerns over privacy. However, three years since its introduction, the Bill lies dormant in Parliament. That legislative vacuum has left DNA collection largely unregulated, even as the Department of Biotechnology ramps up funding for genomic research and infrastructure development.

Consider the numbers: As of 2023, India had reported fewer than 30 operational forensic DNA labs for a population exceeding 1.4 billion. Compare this to the United Kingdom, where over 150 accredited labs cover just 67 million citizens. Such disparity underscores structural deficiencies—but also India’s growing interest in leveraging DNA technology for forensic and medical applications.

The Case for DNA Profiling

Supporters argue that DNA is the gold standard in forensic science, particularly in cases where traditional methods of identification—like fingerprinting—fall short. Armed with techniques like Short Tandem Repeats (STR) profiling and Polymerase Chain Reaction (PCR), investigators can identify victims and suspects with a degree of precision unmatched by any other tool. In mass disasters—such as the 2018 Kerala floods—DNA testing played a pivotal role in identifying victims when bodies were unrecognisable due to decomposition.

Beyond forensics, DNA technologies benefit public health systems. Single Nucleotide Polymorphism (SNP) analysis can identify genetic predispositions to diseases, helping doctors tailor treatments to individual genetic profiles (pharmacogenomics). Advances in next-generation sequencing (NGS) also enable authorities to monitor disease outbreaks by tracing the genetic evolution of pathogens—an application that proved vital during the COVID-19 pandemic.

The economic efficiency argument is also compelling. Properly conducted DNA sampling minimizes wrongful convictions by reducing reliance on eyewitness testimony, which has an error rate as high as 25%. Countries like the UK claim savings of millions in legal costs due to robust DNA-based evidence systems. Could India afford not to invest in this technology?

The Shadow of Surveillance

But critics are far from satisfied. The issue of privacy looms large, particularly in a country where data-protection legislation lags behind technological advances. The DNA Technology Bill included safeguards to prevent unauthorized use, but the absence of clear statutory guidelines has stoked fears of misuse. Consider this: The Criminal Procedure Act does not mandate destruction of DNA samples even when individuals are acquitted. What happens to that data?

Risks of genetic discrimination compound these concerns. Without robust privacy guarantees, employers or insurers could exploit DNA records, as happened in the US before its Genetic Information Nondiscrimination Act of 2008. Moreover, a national DNA database—an implicit goal of India’s legislative trajectory—risks turning into a tool of mass surveillance, particularly in the hands of overzealous law enforcement agencies.

Implementation gaps also deserve scrutiny. Of India's DNA labs, many are severely underfunded, operating without accreditation. A 2021 audit by the Comptroller and Auditor General flagged delays of up to 3 years in processing forensic samples. Add to this the procedural chaos during crime scene investigations—contaminated samples, chain-of-custody breaches—and the “gold standard” image of DNA begins to tarnish.

What the UK Did Differently

The United Kingdom provides a cautionary and instructive case study. The UK’s National DNA Database (NDNAD), operational since 1995, stores the genetic profiles of over six million individuals. But an explosion of controversy in the mid-2000s—when innocent citizens realized their profiles were retained indefinitely—forced dramatic policy reversals. The Protection of Freedoms Act, 2012 introduced strict timelines for sample retention and mandatory deletion in cases of acquittal or non-conviction. The lesson? Oversight mechanisms are vital to retain public trust.

India’s nascent DNA initiatives could benefit from such recalibrations. A phased rollout that prioritizes solving heinous crimes over routine sample collection would prevent unnecessary expansion of state surveillance powers. Stricter accreditation norms for labs and better training for law enforcement in chain-of-custody protocols are equally essential.

Where the Debate Stands

The question is not whether DNA should be used at all—it is whether India is institutionally ready to handle its promises and perils. Advocates of DNA profiling cite its lifesaving potential in scenarios like the Red Fort explosion, where no other identification tool could deliver such certainty. Opponents warn that, without ethical safeguards, it risks becoming a tool of systemic overreach.

The middle ground lies in building institutional capacity before scaling up databases. Laboratories need proper funding, personnel must be trained to handle complex forensic evidence, and clear legislative safeguards must be enacted to curb privacy violations. In the words of legal scholar Lawrence Gostin, “The technology may be cutting-edge, but our governance frameworks can rarely keep pace."

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