Use of DNA Test Profiling Information in the Justice Delivery System: Human Rights and Right to Privacy Challenges

  • Dr. Shiti Kanth Dubey and Pratibha Chaudhary
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  • Dr. Shiti Kanth Dubey

    Professor at Dr. Bhimrao Ambedkar University, Agra Law College, Agra, India

  • Pratibha Chaudhary

    Research Scholar at Dr. Bhimrao Ambedkar University, Agra Law College, Agra, India

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Abstract

DNA test profiling technology is becoming a very potent tool that allows people to be uniquely identified based on their genetic code. In addition to confirming the existence of particular biospecimens at a crime scene. DNA evidence can distinct innocent suspects of wrongdoing. This forensic science evidence has benefited from technological developments that have increased its precision in investigations. These advancements include the creation of validated kits and statistical methodologies. It is like two side swords against crime. The scientific and technological advancement with the changing society has posed new challenges in administration of criminal justice system. Applying the technology in the court, it sometimes becomes very difficult because DNA test profiling always create conflict between right to privacy and right against self-incrimination. the human right and self-incrimination are a human right and raise a contradiction with each person's right to privacy. The state is required to have sufficient laws, along with the DNA data protection banks and an efficient, transparency and removal of DNA sample from Banks.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3563 - 3573

DOI: https://doij.org/10.10000/IJLMH.117410

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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