Experts say new-age technology will drastically cut down DNA profiling time of potential suspects in sexual assaults; lawyers say back it up with Shakti law
In the Sakinaka case, a man raped and brutalised a 32-year-old woman inside this van. She died later. Pic/Sameer Markande
The police must shun the conventional methods of collecting evidence in sexual assault cases and instead embrace advanced forensic techniques like ‘rapid DNA analysis’ to facilitate speedy justice delivery, experts have said. The assertion comes at a time when Mumbai yet to recover from the horrific Sakinaka rape-murder. It is also high time the state government enacted the Shakti Act, said city lawyers.
Rapid DNA testing could revolutionise rape/ sexual assault investigations, said Amol Deshmukh, nodal officer-special projects for the state government. He said the current practice takes a lot of time.
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“Sometimes more delays can be traumatic for victims and diminish the odds of anyone getting prosecuted. In such cases, the most important evidence is DNA to link to offence. DNA is the most valuable piece of evidence courts are looking for,” said Deshmukh.
He said new technology can develop the DNA profile of a potential suspect in three hours or less. “It’s the need of the hour that the police use rapid DNA tech to push the boundaries of standard law enforcement practice. It is relatively simple compared to testing evidence from crime scenes, which can include mixtures of DNA left behind by suspects,” explained Deshmukh.
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He said the conventional method involves an elaborate process. “It takes 10 hours to three weeks or sometimes even a few months per DNA profiling depending on the backlogs in the laboratory.”
‘Charge sheet in 15 days’
Senior criminal lawyer Advocate Dinesh Tiwari said the chief minister has directed the police to file the charge sheet in the Sakinaka case in 30 days. As per the proposed Shakti Act, he said, the charge sheet has to be filed within 15 days. Tiwari said, “In a matter like this where the accused has been arrested and witnesses have been examined, the filing of the charge sheet could have been done in less than 15 days. It is high time law was enforced in Maharashtra.” He added, “The enforcement of the Shakti law will also send a strong message to the society that such heinous crimes won’t be tolerated and the matter won’t be allowed to languish in courts for years.”
Advocate Rajesh Panchal said that the authorities must make the best use of the progress in technology from investigation to trial. “The police while investigating crimes, especially against the women, should use the new-age technology at the initial stage itself because the law does not prohibit the same, except forcible narcoanalysis test, etc. However, there are examples when the accused themselves show a willingness to undergo the said test as they claim to be innocent and the test would prove their innocence.”
He added, “From the point of view of the victims also, the use of technology would play a major role in justice dispensation. The state had proposed amendments, called Shakti law, in the Criminal Law. However, it has not proceeded ahead for the reasons unknown. The state must also amend the law, keeping in mind the advancement in the field of technology if it really wants to do justice to the victims.”
Advocate Swapnil Ambure, a criminal lawyer, said, “The unfortunate reality is that our investigating agencies are still following age-old techniques. For punishing an offender, you need a watertight investigation. We don’t consider a scene of the crime as something which is important and no attempts are made to gather DNA evidence. The so-called ‘process’ followed by investigating agencies often leads to destruction or loss of valuable evidence resulting in offenders being acquitted.” While the Shakti law and latest technologies are important, he lamented, there is no mechanism to fix accountability if an investigator misses crucial evidence or doesn’t take prompt action.
Experts speak
Dr Prakash Kothari from the department of Sexual Medicine, K.E.M.Hospital & G S Medical College and also the founder advisor of the World Association for Sexology, culprits must be severely punished for such cruel acts. “Putting iron rods into private parts is an extremely brutal act of murder and sexual perversion. Gang rape with such brutality signifies an extreme level of antisocial personality disorder,” he said.
Psychotherapist Dr Shivangi Pawar said, “The screams of victim rising in agony are pleasurable and hilarious to a sadist. A sadist will lie, deceive and commit heinous crimes in order to get this evil pleasure by hurting others.”
She said, “Most of the time it becomes difficult to detect a sadist as they take extra efforts to hide their true identity. Since they are the masters of abuse they find socially acceptable ways to create an aura and an atmosphere of unmitigated yet diffuse dread and consternation.” She said such people devise ways to restrict the autonomy of their dependents “no matter how arbitrary and senseless their rulings and decisions are”.
“Young girls should be made aware of such problematic individuals and take precautions to protect themselves. In fact, knowledge and awareness of sadism and sexual violence in society as a whole can help to tackle these heinous crimes,’ she said, adding that “a medical system that can detect proclivity for such mindset in people at an early stage should be in place”.
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