Genetic Justice Or Genetic Surveillance? A Legal Inquiry Into Expanding DNA Databases In Criminal Investigations
- IJLLR Journal
- Jul 31
- 1 min read
Ochaya Richard Martin, B COM LLB (hons), Department of Law, Marwadi University.
ABSTRACT
The increasing use of DNA databases in criminal investigations represents a significant technological leap in the administration of justice. These databases offer the promise of solving complex crimes, absolving the innocent, and improving the speed and accuracy of criminal identification. However, this forensic innovation also presents a paradox: the same tools that serve justice can easily slide into instruments of mass surveillance and rights violations if left unchecked. This article explores the legal, ethical, and policy dimensions of expanding DNA databases through a critical lens.
At the heart of this inquiry lies a pressing legal dilemma: do state-maintained DNA databases advance the goals of justice, or do they risk infringing upon individual privacy, bodily autonomy, and constitutional protections against arbitrary state action? By employing a combination of legal doctrinal analysis, comparative policy evaluation (focusing on India, the United States, and the United Kingdom), and key judicial decisions, this article unpacks the implications of unregulated or poorly regulated genetic data collection and retention practices.
Through an examination of the Indian DNA Technology (Use and Application) Regulation Bill, 2019 and relevant global jurisprudence, the article argues for a balanced approach—one that ensures forensic utility while upholding fundamental rights. It concludes by offering reformative recommendations aimed at establishing robust legal safeguards, procedural accountability, and ethical oversight in the collection, use, and storage of genetic information.
Keywords: DNA profiling, Genetic surveillance, Privacy rights, Forensic databases, Criminal investigations.
