Address at the Conference on Impact of New Biology on Justice Delivery System

Impact of scientific advancements to the society

I am indeed delighted to participate in the Conference on 'Impact of New Biology on Justice Delivery System: Issues relating to DNA Fingerprinting, Intellectual Property Rights and Ethical, Legal and Social Implications. Emergence of new technology from research laboratories and spread through society is a beautiful experience. This is an important conference being held to bring about an awareness of the impact of biological studies in crime detection and legal impact on issues associated with the use of modern scientific methods in the delivery of justice. I understand the top functionaries of the judicial system and eminent scientists from biological fields are coming together to examine and review issues. These deliberations would prepare a common ground and draw guidelines for effective use of biological laboratory methods in legal procedures. I congratulate the organizers for bringing members of various disciplines together on a common platform.

The advances in biological sciences and growth in bio-technology has created a significant impact on various areas of society including industry, government policies and the judiciary. The importance of the judicial system in a democratic country is paramount. The judiciary forms the basis of our social fabric and is the basic building block of our nation. All the more our judicial system has to constantly work towards the protection of human rights by administering justice with nobility. Keeping pace with the time, the legal system needs to take note of the emergence of newer scientific methods of observation and investigation.

Issues in the use of biological methods

The ability of modern day sensors and instruments to detect biological and chemical changes- both short and long term, that take place in human beings under stress formed the basis of Lie Detector tests. This may improve the justice delivery system immensely, which has been strengthened by the incorporation of forensic techniques of DNA printing.

DNA is the genetic material which is present in all the cells of the human body. Most of the DNA is similar in all individuals and only a minute fraction of less than one percent makes each one of us unique. The possibility of two individuals other than identical twins having the same DNA fingerprint varies from one in one million to about one in a billion. Due to this notable feature DNA fingerprinting has become an important tool in solving civil cases relating to paternity, child swapping etc. and other criminal cases.

There are important questions pertaining to establishment of DNA database that needs careful attention and satisfactory answers. Who can have access to DNA samples? What can and cannot be done with them? Should they be destroyed if a person is found not guilty of the crime? Should the taking of DNA samples be made mandatory for all crimes and suspects? Many of these issues would concern the rights and freedom of the individuals. I am sure this will be considered in the conference.

The more recent outcome of the impact of new biology is in authentication systems based on the traditional finger printing. The finger printing systems till recently looked at the authentication as a mere Image comparison exercise. With the advances in the techniques used by the criminals, it has become necessary to authenticate if the finger is "alive" and is "tension free". To this end, the new biology came to the rescue of the law makers and the judges, through sensors that not only detect the finger prints but also the chemicals that are secreted by the "live finger".

All these show that the convergence of biology and Technology would become an integral part of the system of investigation and the justice delivery. This in effect puts a heavy load on the Judges to be technologically alert and ensure that technology is not misused or misinterpreted to let an innocent man be punished nor to let a criminal go unpunished. I am sure that this conference will discuss ways and means by which the Judges, lawyers, Law enforcements officials including the field officer work closely with the biologists and other technologists to come with Criminal and Civil Codes that are acceptable at high "levels of Comfort" by all the stake holders.

Ethical Issues

An advance in scientific and technological research invokes ethical issues. However, the technological progress which benefits the society at large, should take care in promoting these advancements by finding a solution to the ethical concerns and preventing over exploitation of these advancements through appropriate legal provisions. The DNA evidence is already serving as an effective crime investigation tool. It also provides a powerful protection to a person unjustly accused. We should expect extensive use of DNA fingerprinting technique in solving complicated legal cases. There must be appropriate provisions for its use in our legal frame work. A transparent system of process conformity and validation has to be established fast. This Conference should examine these issues and suggest suitable amendments to the Indian Penal Code which can ensure the right usage of this technique to aid crime investigation.

Human genome & genetically modified food/organisms

The research in human genome has the potential in creating enormous impact on human healthcare. The knowledge derived from the genome will help in better diagnosis of the disease and also predict the likelihood of an individual's susceptibility to genetic or infectious diseases. Associated with this benefit, there is a fear of possible misuse of this information. The conference I am sure will address this issue and suggest development of effective monitoring tool for genetic information sharing and methods of preventing its misuse.

Advancement in new biology era has led to the development of genetically modified food and genetically modified organisms. They promise high quality, higher yield production of food grains, edible vaccines etc. However, concerns of their safety vis-a-vis environment and human health require extensive research. In the globalised world, our scientists and judges would have to guard against the entry of harmful as well as unproven products.

Intellectual property rights and biotechnology

The industrial revolution was accompanied by a spurt in major inventions and discoveries leading to the issue of licensing and patenting. The patenting system was used by many countries against the developing nations to promote their own industries. India with a rich heritage has a rare collection of flora and fauna. The application of DNA printing technology would be imperative to protect the medicinal plants on which the traditional system of Indian medicine thrives. Backed by stronger intellectual property right laws the scientific-legal support mix would enable protection of our traditional knowledge and realization of the benefits of invention that will reach the people who have nurtured it for generations. This conference may address this issue and suggest effective guidelines in conformity with the rules and regulations of the international legal system to protect native intellectual property.

Conclusion

We are in the era of new discoveries and significant developments at an unprecedented rate. Advances in scientific research are creating impact in all walks of society at a very fast rate. There is a need to apply the new advantages and innovations to governmental policies including the judiciary. The benefits of modern science and technology should be translated into our legal frame work for enabling its use by the judicial system.

God has created the human being with brain and thinking faculty. He has commanded His creation that the faculty be used with reasoning to reach His image. This is the destiny of the human being. Science is the last boon, God has bestowed upon mankind when reasoning becomes the capital of the society. We should protect science from misuse and empower it with the immunity of nobility. In whatever field we work, be it science, technology, medicine, policing or judiciary, we remain in the service of the common man whose well being is central to all human knowledge and endeavour.

I inaugurate the conference on "Impact Of New Biology On Justice Delivery System" and best wishes for positive results.