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.
