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Army Journal 2021-22 ISSN 0975-8208 A S P I R E T R U T H I S G O D Army Institute of Law Journal Volume XIV 2021 Peer Reviewed Journal Vol. XIV, 2021 Refereed Journal Since 2006 Listed in UGC-CARE List, 2021 ARMY INSTITUTE OF LAW JOURNAL Vol. XIV, 2021 (ISSN: 0975-8208) Registration No. PUNENG/2007/25057 PATRON Maj Gen Vikram Taneja Chairman, Army Institute of Law EDITOR-IN-CHIEF Dr Tejinder Kaur Principal PUBLICATION-IN-CHARGE Dr Puja Jaiswal Assistant Professor of Law EDITOR Dr Harpreet Kaur Assistant Professor of Law STUDENT EDITOR Mr Shiekhar Panwar B.A. LL.B. 3rd Year Disclaimer: The views expressed in the Articles and all other contributions to the “AIL Journal 2021” singularly belong to the individual authors and do not belong to the Editorial Board or the Army Institute of Law. No part of this publication may be reproduced or transmitted in any form by any means, or stored in any system of any nature without prior permission. Applications for permission to use the material shall be made to the publisher. Although every care has been taken to avoid errors or omissions, this journal is being sold on the condition that information given in this journal is merely for reference and must not be taken as having authority or binding in any way on the authors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, for the result of any action taken on the basis of this work. Copyright © 2021 The Army Institute of Law, Mohali, Punjab. All rights reserved. ArmyArmy Institute Institute Of of Law Law JOURNALJournal A S P I R E Army Institute of Law Sector 68, Mohali Contents 1. Forensic Utility of DNA Profiling 1-12 Dr. Ajai Singh and Mr. Shantnu Gaur 2. Women and Equal Opportunity in Indian Army: 13-27 An Analysis with Special Reference to Combat Arms Mr. Akshay Jain 3. Competition Law Enforcement in the Era of 28-40 Platform Economies in India Mr. Ankit Srivastava and Ms. Divyansha Kumar 4. Consumer Protection Act, 2019: The New Dimensions 41-54 Mrs. Anmolpreet Kaur and Ms. Amandeep Kaur 5. The Analogy of Conservation: The Genesis of Environmental 55-68 Conservation in India Ms. Anurita Yadav 6. Internet Shutdown in India: A Digital Apartheid 69-82 Ms. Anviksha Pachori and Ms. Manali Maheshwari 7. The Citizenship (Amendment) Act, 2019: 83-96 An Analytical Glance and Glimpse Dr. Bharat and Mr. Mukesh Kumar 8. Natco v. Bayer: A Right to Health Perspective 97-106 Ms. Dify Doyil and Dr. Mamta Sharma 9. Legal Framework for the Management of Epidemics and Health 107-120 Emergencies in India: With Special Reference to COVID-19 Dr. Gurpreet Pannu 10. Death Penalty in Rape Cases: Analysing its Viability with Reference to 121-133 Nirbhaya Verdict, 2020 Dr. Harpreet Kaur and Mr. Anmol Rai Garg 11. Mizo Marriage, Divorce and Inheritance Laws: 134-145 Socio and Legal Implications for Women Ms. Irwin Lalmuanpuii Hnamte 12. Regulation of ‘Big Data’ Under Competition Law in India: 146-162 The Brave New World Ms. Kritika Singh and Mr. Sarthak Mishra 13. Breaking the Glass Ceiling: Navigating the Space for Gender Diversity 163-178 in the Composition of the Indian Judiciary Dr. Madhuri Sukhija 14. Terror Funding Amid Pandemic: The Socio-Legal Analysis of Invisible 179-192 Foe of Resilience Ms. Mayura Mahonar Sabne 15. An Overview of International Climate Change Regime with Reference 193-204 to India’s Policy Towards Climate Change Dr Nandita S. Patil 16. Application and Relevance of Forensic Toxicology in India 205-217 Ms. Pancham Preet Kaur 17. Role of English Language in the Indian Legal System and Legal 218-231 Education Dr. Puja Jaiswal and Mr. Amit Jaiswal 18. Forensic Analysis in Homosexual Rape Cases: Need of Gender-Neutral 232-244 Rape Laws in India Dr. Pyali Chatterjee 19. Natural Disaster and its Impact on Weaker Sections of Society 245-258 Dr. Rattan Singh 20. 'Social Distancing’ the Rights and Freedoms during COVID-19: 259-278 Comparing Perspectives Between India and Canada Dr. Shruti Bedi and Mr. Sebastien Lafrance 21. The New Plastics Economy: Today’s Opportunity and Tomorrow’s 279-294 Reality Ms. Tanya Mittal and Dr. Dinesh Kumar 22. Social Media, Government Surveillance and the Independent 295-311 Oversight: The Case for Protecting Privacy Rights in the Cyberspace Ms. Vibhuti Jaswal 23. Need for Competition and Regulatory Reform in Developing 312-322 Countries: Case of Indian Competition Law Enforcement Dr. Vijay Kumar Singh 24. Pandemic Covid-19, Patents and Public Health in India 323-338 Dr. V. K. Ahuja Vol. XIV, 2021 1 Army Institute of Law Journal FORENSIC UTILITY OF DNA PROFILING Dr. Ajai Singh* & Shantanu Gaur** “It is the duty of the Judge in criminal trials to take care that the verdict of the Jury is not founded upon any evidence except that which the law allows.” -Samuel Taylor Coleridge INTRODUCTION DNA profiling is also referred to as DNA Typing or DNA Fingerprinting, a forensic strategy that primarily clearly distinguishes people in criminal cases by their DNA attributes. The DNA method was developed primarily on the basis of understanding of two technological innovations: first, Kary Mullis' Polymerase Chain Reaction (PCR)1 in 1983, USA; second, Professor Sir Alec Jeffreys2' Restriction Fragment Length Polymorphism (RFLP) in 1985, UK. The name Colin Pitchfork might not be as identifiable as Charles Manson or Jeffrey Dahmer. But for those in the forensic science community, it’s a name that holds weight. Pitch work was the first murderer to be caught using DNA analysis3; thus it will not be wrong to say that the modern forensic DNA began with the first DNA case. This pioneering case demonstrated the potential of DNA Profiling and firmly pointed towards its future as the most important forensic investigative tool to have been developed in the 20th century. The increasing use of DNA evidence in criminal investigation and in courts assumed the role as the ‘New Language of Truth’. DNA Profiling has gone through three major processes of its development and advancement technologically which includes Multi-locus, Single-locus and STR (Short Tandem Repeat) stages and in addition recently there is a step further towards the advancement that constitute the fourth stage is Sequencing. The introduction of PCR-based STR analysis was the major * Assistant Professor, University of Allahabad, U.P. ** Advocate, High Court of Uttarakhand. 1. Blake, E., J. Milhalovich, J. Higuchi, P.S. Walsh, and H. Ehrlich, Polymerase chain reaction (PCR) amplification and human leukocyte antigen (HLA)-DQ oligonucleotide typing on biological evidence samples: Casework experience,37 J. For. Sci. 700–726 (1992). Available at: https://en.wikipedia.org/wiki/Polymerase_chain_reaction; Last accessed: 20 August, 2020 2. Jeffreys, A.J., V. Wilson, and S.L. Thein, Individual-specific ‘fingerprints’ of human DNA,316 Nature, 76–79 (1985). Available at:https://en.wikipedia.org/wiki/Restriction_fragment_length_polymorphism;Last accessed :20 August, 2020. 3. People v. Manson, Court of Appeals of California, Second Appellate District, Cri. Nos. 22239, 24376; 1976. Also see: Joseph Wambaugh,The Blooding,(Perigold Press, 1989). Details of the investigation, identification, and prosecution of Pitchfork has presented in The Blooding novel. Vol. XIV, 2021 2 Army Institute of Law Journal innovation with the help of which the utility of DNA Profiling was expanded. The supposition throughout the Profiling is that the earlier stages that leads to an evidence in court have been undertaken correctly and the inferences drawn at the end is practically useless unless all of these aspects have been undertaken with due attention while maintaining the continuity and the integrity. Numerous social, ethical and political concerns and issues pertaining to forensic DNA Profiling and data basing are situated at the intersection of civil rights, science and governance. Such concerns include but not limited to privacy, non-standardization of jurisdictional databases, surveillance, reliability of DNA testing, potential misuses and abuse of databases. Judges do not deny the scientific accuracy and conclusiveness of DNA testing, but in few cases they do not even admit as evidence on the grounds of legal or constitutional prohibition and at times even on account of public policy. LEGISLATIONS LEGISLATIONS IN INDIA DNA evidence was first accepted by the Indian courts in the year 1985 and then in 2005 the Code of Criminal Procedure4 was amended by which Section 53 of the Code included Scientific techniques involving DNA profiling comprise analysis of blood, blood traces, semen, swabs in cases of sexual felonies, sputum and sweat, hair samples and fingernail clippings5. The legislations that provides for application of DNA technology in India are- i) The Constitution of India • Article 20(3)- Provides that no person who has been accused be compelled to be a witness against himself. Forcing testimony to incriminate oneself in a crime is what Article 20(3) foresees. In no way does the use of DNA technology to identify the culprit contradict this guaranteed fundamental right. • Article 21- There is a dispute between two basic fundamental rights, the right to privacy and the right to information, as far as DNA technology is agitated. The protection of the state and public policy as the court is 4. Elonnai Hickok,Rethinking DNA Profiling in India,47EPW, Issue No. 43 2012. Available at: https://www.epw.in/journal/2012/43/web-exclusives/rethinking-dna-profiling-india.htm Last accessed: May 27th 2021. 5. Section 53. The Criminal Code of Procedure, 1973. Available at: http://www.vakilno1.com/bareacts/crpc/s53.htm. Last accessed: May 27th 2021. Vol. XIV, 2021 3 Army Institute of Law Journal reluctant to oblige a person to go for a DNA or blood test in the lack of any particular legislation because it leads to a violation of the right guaranteed under Article 21.
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