National Judicial Academy July 8, 2005

Law and Medicine:

Issues and Challenges

Seyed E. Hasnain

Director
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“(DNA technology) The most awesome and
powerful tool acquired by man since the
splitting of atoms”

- The Time Magazine (USA)

The single cell transforms itself in nine months to
become a child with three trillion cells

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 Watson and Crick, May 1953
From Olby, The Path to the Double Helix, 1974
50 years later…...
Molecular Biology Overview
Cell Nucleus

Chromosome

Protein Gene (mRNA), Gene (DNA)

single strand Graphics courtesy of the National Human Genome Research Institute

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 The Central Dogma of life

Translation

DNA makes RNA makes Protein

Transcription

•DNA as gene
•The concept of ‘junk’ DNA
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Fruits of the gene revolution
•Recombinant DNATechnology/
Transgenics/ GMOs and GM Food

•Molecular Diagnostics and Genetic Medicine

•Stem cells

•Cloning

•DNA Fingerprinting or Genomic profiling

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 Recombinant DNA Technology
Genetic Engineering of Microorganisms

GMO

Ananda Chakraborty and US patent CDFD

 Industrial applications of Genetic engineering

Microbial systems Transgenic animals

• GMOs for Food and Dairy sector • Biopharmaceuticals

• GMOs for environmental processing • Human proteins and
• Recombinant therapeutics humanised organs
• Recombinant enzymes • Heterologous proteins of medical
• Therapeutic Biomolecules and surgical importance
• Recombinant vaccines • Animal models of cancer, allergy
• Proteins, Neutraceuticals and ageing
• Cosmetic products

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Anticipated Benefits of the human genome
• improved diagnosis of disease and intervention
- PCG example
• earlier detection of genetic predispositions to disease

• rational drug design

• gene therapy
• pharmacogenomics or "custom drugs”: SNP Profiling

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 Who’s DNA is it anyway?
Caucasian, Oriental, African….

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The New Era of Stem Cell Research
and Tissue Engineering
CDFD
CLONING
PROCEDURE

Clone
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AFTER DOLLY...

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 DNA FINGERPRINTING or GENOME
PROFILING
DNA Fingerprinting is a laboratory technique in which the banding
patterns of DNA fragments are compared for
1. Paternity and Maternity

2. Criminal Identification and Forensics

3. Personal Identification

D1: BIOLOGICAL DAUGHTER S1: BIOLOGICAL SON

CDFD D2: STEP DAUGHTER S2: ADOPTED SON
DNA is the molecule of choice for forensic identification
for the following four reasons

1. Discrimination

No two people except identical twins (monozygotic) will

share the same genetic blueprint. Identical twins are
essentially clones.

2. Genetic Continuity
Different biological sources of DNA found at the
crime scene will share the identical pattern if they originate
from the same person regardless of the biological origin

3. Sensitivity
A few drops of blood, a buccal swab or a small semen stain
will generally contain ample amounts of DNA for forensic
analysis.
4. Stability
extremely stable molecule capable of withstanding environmental insults both natural and
manmade.
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 1 2 3 4

Case of the lost child

Paternity disputes

A case of inclusion
1. Mother
2 Biological child
3. Lost in the “Mela”
4. Father

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 Gang rape 1 2 3

Inclusion

1. Vaginal Swab of the Victim

2. Blood of first accused

3. Blood of second Accused

 One army officer was
suspected to be involved In
a murder case .
Blood stain of the victim
was recovered from the
barrel of his revolver due to
Locus Blood stain Blood stain
splashing of blood at the
recovered recovered
from from seat time when the deceased
revolver cover was shot
D8S1179 15 17 15 17

D21S11 28 29 28 29

D18S51 17 17 17 17

D3S1358

vWA
15

14
16

19
15

14
16

19
DNA on weapon
FGA 20 23 20 23

D5S818 11 13 11 13

D13S317 10 11 10 11

D7S820 8 10 8 10

Amelogenin (Gender Marker) X Y X Y

 1 2 3
Mother is a mother is a fact,
father is a father is a belief

Maternity is also questioned!!

Two mothers claiming parenthood for
a single child!!

1. Biological Mother
2. Disputed Child
3. Suspected Mother

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 CENTRE FOR DNA FINGERPRINTING AND DIAGNOSTICS
TABLE-I
GENOTYPE ANALYSIS FOR ESTABLISHING PATERNITY USING
MICROSATELLITES i) D18S51 ii) D7S820 iii) FGA iv) D13S317 v) D21S11
vi) vWA vii) D5S818 viii) D8S1179 ix) D3S1358 and x) Amelogenin

Locus 5259 5260 5261

Exhibit A Exhibit B Exhibit C
(suspected (newly born (suspected
Mother) Allele baby) Allele Father) Allele
data data data
D18S51 13 16 13 13 13 14
D7S820 12 12 11 12 10 11
FGA 20 23.2 20 23 23 24.2
D13S317 12 12 11 12 10 11
D21S11 31.2 32.2 28 31.2 28 28
vWA 17 17 17 18 16 18
D5S818 12 13 13 13 11 13
D8S1179 13 15 13 15 13 15
D3S1358 15 16 15 18 17 18
Amelogenin X X X X X Y

Sample No.5259 (Suspected Mother): Allele data of the source of exhibit A (Smt Rekha Devi)
Sample No.5260 (Newly born Child): Allele data of the source of exhibit B (newly borned child)
Sample No.5261 (suspected Father): Allele data of the source of exhibit C (Mr Shri Jitendra Kumar)

The alleles of the sources of the exhibit B are accounted for being present in the sources of exhibits A and C.
 DNA Fingerprinting
Criminal Identification and Forensics: cases of sexual abuse,
murders, robbery etc (Madhumita murder case)

Personal Identification: mass disaster and mass

fatality incidents
(Attack on World Trade Centre / The Kashmir issue:
distinguishing civilians from terrorists)

In Civil Cases : The Basmati rice dispute

Non human DNA testing: The black buck case

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 DNA Technology: Not only justice but justice in time

Use of DNA in criminal investigations can drastically reduce the time

consumed in judgement delivery
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 What every Law Enforcement Officer
should know about DNA Evidence?
What is DNA?
DNA, or deoxyribonucleic acid, is the fundamental building block for an individual's
entire genetic makeup. It is a component of virtually every cell in the human body.

Identifying DNA Evidence

Some common items of evidence, the possible location of the DNA on the evidence,
and the biological source containing the cells should be known.

Evidence Collection and Preservation

Every officer should be aware of important issues involved in the identification, collection, transportation, and
storage of DNA evidence. Given the sensitive nature of DNA evidence, officers should always contact their
laboratory personnel or evidence collection technicians when collection questions arise.

Database of DNA profiles

Just as fingerprints found at a crime scene can be run through in search of a suspect or
link to another crime scene, DNA profiles from a crime scene can be entered into the database.
Therefore, law enforcement officers have the ability to identify possible suspects when no
prior suspect existed.
The Future of Law
Enforcement
The new development of DNA
profiling, is poised to become a
routine law enforcement tool
Perhaps the most thorny issue with
DNA profiling is how the DNA
database will be collected and used.
 Preparedness?

Disaster victim identification

cell soon at CDFD
Compensation || Insurance issues
Non coding regions in the genome provide vital clues on
natural history and lineage tracking
Molecular
anthropology
- Tracing
genetic
footprints
Gene Revolution
and the
Law CDFD
 DNA and the Law
* DNA and Crime prevention
- DNA can not lie, nor can it turn hostile!

- Statutes of limitations and principles of finality in

criminal law

- DNA databases of accused and convicts

- Infringement of human rights of criminals and their

families

- Paternity / maternity disputes (right of the child etc.)

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 DNA and the Law
* DNA and Human Health
- All the diseases have genetic basis

- Predictive medicine

- Privacy of information
(Insurance and Employment angles)

- Doctor - patient relationship

- Cloning
(in vitro fertilization, surrogate motherhood,
question of ownership) CDFD
 DNA technology: Are we taking the
human element out of it?
Questions regarding GENES and PRIVACY
? What if your blood sample for medical check-up is used for research or
other purposes without being informed?

? Genetic testing: what if it cause unnecessary stress and unwelcome

changes in personal relationships

? Should genetic testing be carried out where there is no treatment

available…as in albinism and dwarfism?
? What do you think about the following cases?
- genetic testing for insurance
- genetic testing for new employees
- genetic databanks for forensic use
- genetic databanks for institutionalized children

? Would it cause social biasness: what if people with ‘aggression genes’,

‘cancer genes’ or ‘mood-swing genes’ are considered the Bad Seeds!
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 Moral status of the organism
created by cloning
ƒ When does human life • ‘Potentially human’
begin?
-Womb vs. petri-dish
- Conceptional or
developmental view -Respecting the
• When does
potential: to become
‘personhood’ begin? human vs. to be
beneficial for the
- Fertilization
mankind
- Biological complex,
neural development and • Instrumentalization
sentience of the entity of human life
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 DNA and the Law
* DNA and food
- GMO and GM foods

- Labeling of foods

- Right to information or unnecessary discrimination

- Environment and health impact

- Economically and nutritionally deprived

- Economically and nutritionally deprived strata

vis a vis affluent (more vocal segment of the society)
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 DNA and the Law
* DNA and IPR
- Genetic knowledge - who owns it?
Donor? The laboratory banking it? The lab using it?
Industry making a product out of it?

- What about genes with no known functions?

- Can we ignore the impact of genetic cross- talks

- Identify players

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 DNA and the Law
* DNA and social values
- New social value system

- Science, philosophy and society

- Challenging the accepted norms

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We have recently advanced our knowledge of genetics to
the point where we can manipulate life in a way never
intended by nature.

We must proceed with the utmost caution in the

application of this new found knowledge.

LUTHER BURBANK

Time for legal system and science to work together

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 DNA and the Law

o n
g y
ol o
b i em
e w y s t
f n y s
t o e r
a c li v
m p d e
I c e
s t i
ju

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...The Hyderabad Declaration
DNA Profiling Bill 2005
National Human Genetics Commission CDFD
While science in itself is often regarded as
being neutral, the application and products
of research may not be…

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The gene revolution is forcing judges
to deal with science in a way
they never had to before

Questions about the legal relationship between an egg

donor, her husband, person being cloned, a surrogate
mother and the resulting Child, legal rights , privileges
and immunities a cloned child could claim in a
jurisdiction that bans human reproductive cloning

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“It is humbling for me and awe-inspiring
to realize that we have caught the first
glimpse of our own instruction book,
previously known only to God”

- Francis Collins, NHGRI

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