About DNA

About DNA

Introduction:

Our country is an independent sovereignty country. Each of the citizen of the country are aware of his/her freedom, national right, existing culture and there is demanded for a well and nice society for all. Awareness of the citizen and accepted step by the Judicial Department, there has been made separation of the Judicial Department, which will be made clean ness of the judicial work, true-justice will be established.

In this situation, to make more clean of our Criminal Judgment work, to make correct and to make confirm of the true-justice, necessary valid of any modern technology and to take of it, there is always eagerness to prepare of the new act or to do it through the amendment of the act. In our criminal judicial arrangement, there is clear cut technology and act for to be given punishment tot the criminals, of which does exercise by the Court. The subject in which is supported by the example of the High Court and by our Act that means in the Criminal Jurisprudence, there exists of this word that the crime and the criminal will be proved and will be identified with over doubt. Keeping any kind of rest about doubtfulness there could not be identified to any body about a criminal or there could not be given of punishment. To remove of this situation, there could be used of a correct, dis-principle free DNA Test Report as a dependable witness and after made definitely identification by it, could be given punishment to the criminal. Then and then, it will be helpful to make release from the brought allegation in against of the accused person of his/her liability. After made saturation of this modern technology dependable DNA Test and its welfare base serving, there is needed to confirm about the birth of all the citizens and to assembling of any new technology, due to different type of limitation, as it is also found problem, but if it is possible to start once upon a time, if there is cordiality, there could be achieved after over come of the problem about the correct and non-adulteration service.

Opinion :

Due to direct of my observation and from the collected data, in the light of received theory and information, I do hereby expressing of my opinion that in the case of saturation about the DNA Test to the judicial work, there has been found a fertile filed of the relevant departments.  It is seemed from the matter of cordiality, non-adulteration positive will, which will be established of the true justice. But the matter will be under principle, with the guidance of honest respect and to the filled up it.  So, the confidence and faith of the peoples upon the DNA Test will be over question and we are not wishing anybody to be deprived from the service of this modern technology and no body is wishing to be deprived. As whole of the world is in active to keep well and nice world through the use of DNA Test, same as, to make well and nice of our society, to make connect of the DNA Test in our judicial department, peoples of each level are willing.

To achieve of this view, points of doing us are the followings:

• For to make public awareness, in all kinds of media, there would be made broadcasting in legible understanding and attractive manner. Through which, peoples will not only to be informed, there will also be created a responsible sense.
• Expenditure for the DNA Test shall be borne by the Govt.

• There will be informed of the matter through the process of Training, Seminar, Co-ordination meeting, to the Judges, Policemen, Advocates, Doctors and to be prepared them in skill and fitness.

• There is none of alternative in saturation of  DNA Test to the judicial department. Through it, true-judgment will be confirmed, will be smooth used of the national merit, will be resist time loss, national expenses will be less and will be confirmed about a well being environment.
  
  
• For this, there would be supplied of the helpful equipments to the officers-employees of the relevant departments. There would be given appropriate respect and remuneration to duty performing personnel. Will be confirmed about responsibility. If it is needed, through taken of divisional step, there will be established of example on national basis.
• Through the process of DNA Test as like as the postmortem, through the amendment of the law that means amendment of the section 45 of Evidence Law and during the investigation like the case of rape and murder, there is needed compulsory of this Test for I.O.
• To build up of a good society and nation, for to make active confirmation of the DNA Test in the Criminal Division and to make easy, there should be made reservation after arrange of DNA Test under Jail Code of the punished the accused persons in different criminal offense and to the judicial needs of the court, there is needed for to supply of it. 

If there is to be needed active of the DNA Test to the judicial work, there would be adjusted about the Forensic Medicine and Pathology of this two. During the period of investigation of the case, there will be brought about DNA Test to the judicial record. If there is found DNA Test in positive, but would be supplied to the I.O./Court.

In the developed country specially, the western country, there has been included and co-ordinate of the DNA Test with the judicial program and the success of it has been en- joying in many parts. In the cleanness of the judgment of the developed country, to confirm of the true justice, DNA Test has been connected to the Judicial Department with properly standard and  merit specially in the Criminal Case, to identify of the dead body, to confirm of the father and mother, to identity of the raping person and to accuse of the crime person/to identify of the innocent per and to prove of the case in doubt over and has been using as the evidence.  In this situation,  our country can not deprived from the good result of this modern technology. For to give punishment after identified of the offence person  in over doubt and in same of the say, to make release of an offence person from the false liability of an offence less person, there is urgent to connect of the DNA Test, it must be needed.

With the DNA Test and connected of the experiment about DNA Test Laboratory working officers and employees such as Doctor, Scientific Officer including associated other officers, employees, in the case of sample collection, experiment work, report given and in the case of supply after prepared of the report, there would be the solid reflection of the honesty, sincerity, cleanness. Of which will be made early of the true judgment, easy and to be confirm of it. On the basis of this DNA Test, one of the accused can be death punished and can also be released from the liability of offence. There is rare chance to become wrong of the DNA Test. For different cause, as there have chance to make mis-use of the DNA Test, there would not come down about the good result of it in below 90% at any stage. So, it is needed with most urgent to connect of the DNA Test of the judicial work in the Court.

In the present Law, there is none of clearly mentioned, but to establish of the true judgment, there none of law as resistance for not to be made of DNA Test. In the opinion of some other, there is no need of any new law to use of DNA in the judicial arrangement or to the judicial work in the court or there is no need of amendment of the existing law. Some others do think, for to make of the DNA Test, there is needed separate law regulations and some other do think that as there is no need of separate, to keep blank of the law, the most important of this law, there would be arranged with appropriate amendment of the law and will be used in the court and to the investigation work of the policemen and it is needed to included with an obligatory. As there is needed postmortem report of the deceased person during the investigation period is an essential matter, same as DNA Test also in the rape case, in murder case, to the identification of father of a child who is born without marriage, but to physical relation and in the special case, to determine of mother, it must under the shelter of law as an obligatory matter. In the opinion of some person, after made amendment of the section 45 of the Evidence Law and if the DNA Test is to be included, there will none of legal problem.

After damaged of the sample of a case by the investigation officer and officer employee of the Laboratory, or after changed or by any other means, there could be damaged about the clean ness of the report.  If there is not to be change of the relevant investigation officer of received duty and Laboratory Officer and Employees or if there are not under developed principle, there would not be received about the good result of the DNA Test.

During the period of sample collection for to make report or in the case of collection, there may have the chance to damage of the sample due to absent of proper process and awareness, eligibility and skill ness and above due to want of principle or to be come failure from the appropriate collection.

If there is connected of the DNA Test to the judicial department (in the court), there will be come to easy of the judicial work, there will be established of the true-justice, investigation will come to easy, so there will be resistance from the loss of the merit, expenditure will be less, will not to be waste of labor, time will save. So, the case will be settled of the case in quickly and cases also to be reduced.

DNA is a large scale cost experiment. But to establish of the true-justice and to confirm of the true-justice for the poor peoples and if there is needed serving by the judicial department, there will be provided a fund by the Govt. and to maintain of the investigation cost. In the case of women and child torturing, among the victims 99% are very poor (that means the garments labor, house work women, girl of a day labor, daughter or sister of a rickshaw puller). Besides, most of the peoples of the country, the life standard of them are below than the poor ness. So, the expenditure should be borne by the Govt. According to the opinion by some body, there will be penalty including jail of the punished accuse person and the penalty money will be borne by the Govt. some other do think that during the period of investigation of the case, the Govt. will be borne of the expenditure. After submitted of the charge sheet and during the period of judgment running, due the cause of application by the accused person or by the victim or after made a challenge, if the court does want to make a DNA Test, the expenditure of the said experiment will made by the complainant applicant/victim. Of which cost is making in Bangladesh for to DNA test which is  less cost than other country and due to the cause of dependable of modern technology that is not to be told of a more cost at any stage.

As there is obligatory to take photograph, to take finger print during the period of investigation in the P.R.B., yet after this, as there is nothing of necessary equipment and for to take specimen sample, due to want of expert man power and consultant, there is not done the same. So, during the period of DNA Test, using rule would be included into the P.R.B. and will be supply of the necessary equipments and will be trained of the relevant peoples and to be confirmed about eligible skill, honest, principle base fully man power.

Due willing or unwilling of the Investigation Officer (Police) and some times in special view, there is damaged of the specimen sample or does not collect or does not supply and in this case, there is occurred as such due to want of necessary equipment.

The matter of connected of DNA Test to the judicial department, there is not known by the common people of the country. If there is made account of the proportionate, there would be get any full sum. In same process, the Lawyer, Doctor, Police and Judges, the proportionate rate may some more. But here is mentioned that divisional town doctor, police, lawyer and judges, among them about the matter of DNA Test awareness is more in proportionate rate. P.P. of a special branch of a special department that the Lawyers of this divisional town about 80% do not about this matter. In the matter of application of it to the Judgment work, there have the practical knowledge of it to less number of the Lawyers. On the other side, the P.P. of this district court bar that none of Lawyers does  know of the matter, even by himself, there is no knowledge about the matter of use of the court.

If there is made by the State Party or the Party of the accused application to the court, all kinds of court that means the Magistrate Court or the Judgment Court does grant of the DNA Test after approved of it. It is known during the period of data collection, one of the judgments is not willing to this matter and does not want to give such an order.

If there is connected about the DNA Test to the judicial program of the court, there will be save time of the Investigation officer and the court, expenditure will be less, there would not be loss of merit, will be waste of labor, investigation will be in quickly and in easy, judgment will be easy, true judgment will be confirmed and there was told to mentioned of the percentage of this matter and most of the persons were told that there would be save about up of 50%.

After given of training in step by step of the of the divisional man power related to the judicial work, there is needed to inform about the matter of DNA Test which opinion were expressed by every body and there is needed about work shop, seminar, symposium and to inform to the general people, lawyer, doctor and to the Police department.

There is needed to inform of the general people about the point of DNA Test (of this matter) through the electronic media such as TV, Radio, Newspaper, Publication, Poster and Leaf-let about the point of connecting it to the judicial department and to create aware ness for not to damage of the necessary sample to the matter and to give it to the divisional officer and to create awareness about the matter of inform, there is needed a wide range publicity.

If there is connected of the DNA Test to the judicial program, the number of case will be reduced. If there be arrested or not to be arrested for the accused of the rape case, there will be collected of the specimen at immediate by the investigation officer and will be made about DNA Test and the result of the experiment result will be made to the judicial record. There is needed about an obligatory Law for to make of this investigation period test. The investigation officer will be collected about permission of the court according to the needs of the case.  If there is arrested of the absconded accused person in later period, the way of proving the case  in easy and possible after made of DNA Test and in this point, the court will be given order of Suamotto DNA Test without the application of the parties. In the case of women and child, in the section 9(1), if there is existing of the child and if the accused is absconded, there is obligatory for to make DNA Test of the child. Because, for any cause, if the child is dead,  specimen may be damaged. If the accused is arrested, then it is to be confirmed after made DNA Test.

If there is connected of the DNA Test to the judicial department, investigation will be correct and easy, expenditure will be less, time will be save and there will be established of the smooth and true-judgment.

After order of the court, due to the cause of not supply of expenditure, there was not able to send of the specimen for DNA Test, specimen has been sent and due to the cause of not money payment, report was not able to collect. In some of the occurrence, there has been paid of the DNA Test through the collection of subscription money by the P.P., special P.P. including the Lawyers and has been collected of the report. There is such of fact that in the section (91) of the anti-torture act of women and child, there is child, but the accused person is refused about the identity of father of the child, then on behalf of the victim, if it is applied for DNA Test to the court and if the court is ordered about DNA Test, there is settled of the case out side of the court. Victim/Accused, no body did not come any more to the front of the court and did not collect of the DNA Test Report.

To make widely broadcasting for the settlement of the cases through DNA Test in the media..

There is made DNA Test, such of cases is yet not disposed through the decree of the court. So, the matter of DNA Test, as there is found very positive connection in the interim order of the court, it is yet absent what ever is happening about the eyes-sight, situation and mentality of the judgment.

There is made DNA Test, in most of such cases, the accused party  is applied to the Court for about DNA Test. But the investigation step should be made compulsory. So, during the investigation period of the rape case, murder case, there will be in front of the DNA Test Report  of the court.

There will not to be correct about given decree after acceptance of final or only the evidence to the judgment work of the DNA Test. In the decree of the case, there should be consider of all of the witnesses and the decree should be given.

In the case of rape, through the DNA Test, it is hard to identify of the accused person. Because is possible to identity one or more. Others accused can be save.

There is needed to increase of the Lab in more for the purpose of the DNA Test. It will be at least two in number in full stage. For the collection of the specimen, in each of the district hospital, there is needed about confirmation of the arrangement. Otherwise, the investigation work will be delayed. As for example, in the viscera examination, as there is not only the month, there is to be waiting for about many times. In this matter, one of the senior police officer was informed that in his area, there was waited for about a long period and was not able to able collection of the Viscera Examination result. In was informed more that in a wide range discussed murder case, there was not able to collect for the expenses of the DNA Test and was not able yet to collect of the DNA Test report and for this, the Investigation Report was not able to collect.

Of which specimen is needed for DNA Test, due cause of ignorance, the victim or his guardian does ruin it or does not preserve it. So the investigation officer, to the judgment work, there can not connect of the DNA Test to the judicial work by the Police.

In the investigation work, as there is empty of the fund and due to want of relevant equipment and as there is nothing of the reservation system, due to want of appropriate co-operation by the doctor or in the case of doctorial experiment and due to want of necessary helpful equipment, the investigation officer does not shown eager or to be face him in trouble. Police + Doctor.

To become damage of the specimen with injustice manner, not make experiment and the matter of disturbance of the case, to the DNA Test judgment work, to the way of its connection, there may be resistance. In this point, all the steps of the judgment work that means from the beginning of the investigation, in each step, there may be corruption in different manner. In this point, with the reply of the duty, presentation for the good work and insult of the bad work, there is needed about this arrangement. Police + Doctor.

Through the O.C.C., for to make doctor's experiment, really the investigation officer does face harassment. Even there is possible to a chance for loss of his service. Because, in the experiment of the semen, if there is specimen for to make DNA Test or any other specimen if not existing, there is not way of the DNA Test Report. On the other, as there is not available also of the accused person, there is not given of the DNA Report. If there is made report in the semen of the mankind and as there is nothing of specimen as like of the DNA Test, the case may be proved by other relevant evidences and may be given of th charge sheet and the offence person may be punished. The offence person may be arrested in  late period not being in spot arrest. Due to the cause of the above mention complex, the police does come to disheartened for to make DNA Test or to make doctor's examination in the O.C.C. Of which is making resistance to connect of the DNA Test to the judicial work. Among the specimen, there will be get positive result after made DNA Test, such of specimen as like patty coat, sallower, half pant, shirt, the police does not want to keep in the DNA Laboratory for to make DNA Test. Because, there is given report after made investigation within a fixed period and there is sent of specimen after seizure. Here to the judicial program, there is needed such amendment that in the DNA Laboratory custody, if there is existed specimen, there will be treated in this sense that keeping in the judicial custody and that will be submitted in the court as per need.

There has been made charge sheet in many case of the O.C.C. and the accused person is in jail custody after arrested. But for to make DNA Test of the accused person, there is not sent to the Laboratory. Among those, most are the Rape Case. Here is not mention such of word in the Forwarding and in Charge Sheet that the recovered specimen from the victim, there is made of DNA Test. So, the court of the p.p. may be arranged about the DNA Test. In this case, the opinion of the investigation officer is that the result of the DNA Test will be sent to the relevant court not to delaying it. If there is informed to the I.O. of this matter, during the period of investigation, the I.O. will be collected of the order of the court and for to make DNA Test of the accused person, there may be sent to the Laboratory or may be mentioned about the matter of DNA Test of the case in the charge sheet, of which the court and the p.p. will be informed about the point of DNA and could be taken of the necessary step.

In which process, the specimens are collected from the Five Divisional Laboratory and comes to Dhaka, this matter may be questioned about acceptability or faithful ness. The process of sealing may be cleaner and there will be liability and relying function of it. Safety matter will be more powerful. But the report of the DNA Test will be brought cleaner to the use of the judicial work, will be acceptable and will be dependable. Specimen can be sent in generally with only one Police Constable. Upon the results of the experiment, there is engaged about life and death of the mankind. In this case, there can be more mentioned that the engaged officers and employees to be honest and to be filled with principle. Because, to make change of  the specimen, to make waste, to do level change, to do sample change and in different manner, there may be change of the report. If there is connected of the DNA Test to the judicial work, there would be arranged of the replying matter, liability and there would be given service or responsibility after given affidavit on the Religious Book. There is needed to prepare of the Investigating Officers after given of special training.

If there have to get useful ness of the judicial department from the DNA Test and if it is wanted to connected with the judicial department, there would be arranged in all of the Medical College for to given of final DNA Test Report. Otherwise, if it is connected to the judicial work after made law as like of the postmortem, there may be delay of the judicial work or of the investigation. Police.

DNA Test must be compulsory to the investigation officers.

All of the investigation officers, there is needed to make a training course on the DNA subject from 3 to 7 days.

DNA Test is not occurred without submitting the accused person and other Tests do happen without DNA Test.

If there is wanted effective result of the DNA Test in the judicial work, there would be connected of the relevant eligible officers in the Forensic Medicine Department including the direct investigation officer of the place and collection of specimen from the occurrence place. In it, there will correctly be collected of the specimen and DNA Test result will be corrected.

If the deceased person is a woman and there is a child in her belly, there is needed compulsory about DNA Test. Because, the cause of her death due to this child. From  the social pressure and for to save of it, due to the cause of paternal identity less child, they may get suicide in some times. Due to the cause of DNA Test, there may be found of the paternal identity and it comes also in possible to take the offence person under jurisdiction.

In the point of DNA Test, the main factor is the court and for it of its collection and for preservation, there is needed to prepare of the principle. There would be replying matter to the relevant officers and employees.

If there is needed to connect of the DNA Test to the judicial work, specially to be get good result from the Women and Child Torturing Act, there will be co-ordinate of the Forensic Medicine and Pathology with the DNA Test and the Report will be given within the fixed period while investigation of the investigating officers. In this point if needed, there may be arranged a fixed discussion meeting for each after three or four months taking with the Doctors, Policemen, Lawyers in each M.C.H. of which   will be made effective to the connection of DNA Test in the judicial work. If so, there will be confirmed about the true-judgment, investigation will be clean and the disposed of a case will be in quickly. Each of the department could be worked as the solely power after participation to the matter of each of the departmental work

As there is reduced of the students willing to the Forensic Medicine subject and as such, there is reducing of the experts in this subject. There may be created a gap to this important department in very early.  There will be identified problems on the departmental basis and will be taken steps of the problems. Doctor.

During the period of specimen collection, there would be identified of the specimen by the victim. After avoiding of the opinion by the Doctor and not to make DNA Test, any officer if be taken of the specimen which is needed into the Medical Report. By which the Court or the relevant department, in against of this investigating officer, there may be taken of the divisional arrangement and does the same.

DNA Test should be correct and to be remove of all kinds of corruption. There would be acceptable, will not to be the question about clean ness and will be such kinds. Will be in quickly. To the question of judgment and for to make DNA Test, there will be kindhearted to provide order. There will not to be correct in the judgment decree taking it for only dependable witnesses. During the period of investigation and if it is applied for DNA Test, the court will be given order. In the law of Evidence, after amendment of the section 45 and if it is connected of the DNA Test, there will be able to use in all of the Act and will be come in easy to the judicial works and use of it will be come in wide range. So, there is needed amendment of the section 45.

To the interest of smooth investigation, what are ought to do, to this matter, there is needed broadcasting in the Radio and Television.

There is needed separate Law and Ordinance for to make DNA Test. There will be prepared of the principle into the national step and will be made amendment if needs and will be made DNA Test to the punished accused persons in the Criminal Case and to be nationally compulsory of it about preservation. In all of the stage of the case, the matter of DNA Test should be come from the order of the court. In this point, they're not to be connected of the I.O.