How Far Practical? A Study of Multi Dimensional Constraints in Use of DNA Technology in Investigation of Sexual Offences in India

Abstract

Despite the potential value of DNA evidence to resolve cases of sexual offences, DNA has very limited influence during such investigations. The prosecution of sexual offences is shaped by multi dimensional factors that restrict the path of justice delivery system. As a society for varied reasons we have very limited understanding of use of forensic evidence and its impact on case outcomes. In a country like India sexual offences are quieten down, criminal masculinity lies in putting down women. It is ironically surprising that many times women are treated as living trophies of the entire family. They carry on their shoulder the heap of family honour and a single dent on the chastity of such women is considered as a dent to the entire family. In such situation more than an offence against her body where she should be having the ultimate say to report and cooperate in investigation, she is being pulled back by several social and psychological factors to surrender the battle in between. This research paper appreciates the role and effectiveness of using DNA technology in timely resolution of cases of sexual offence. It also examines the multi dimensional factors such as social, psychological constraints with victim and her family which discourages them to promptly report and cooperate in investigation of such offences. This paper also discusses other practical reasons lack of which DNA technology is not exhaustively used in investigation of sexual offences. At last, the study concludes with the required measures in making DNA Technology a practical instrument in investigation of sexual offences.