❖ DNA Testing and the Pursuit of Justice in Pakistan ❖
◈ A Case from the United States
In a high-profile rape case in the United States, police collected DNA samples from several individuals. A 19-year-old young man’s DNA matched, leading to a 25-year prison sentence.
However, five years later, it was discovered that an error had occurred in the DNA testing process, and the man was released.
This was not an isolated case—such incidents have been reported even in advanced legal systems like that of the U.S.
◈ Nature of DNA Testing
✔ Unique Identity:
DNA is unique for every individual, just like fingerprints—except in the case of identical twins.
✔ Collection Methods:
DNA can be obtained from hair, nails, skin, or bodily fluids.
✔ Risk of Misuse:
In corrupt or unregulated systems:
- DNA can be collected forcibly, deceptively, or without consent.
- False evidence, fake reports, and political manipulation are serious concerns.
◈ Challenges of DNA Testing in Pakistan
In a system plagued by:
- False FIRs and fake witness testimonies
- Bribery in investigative departments
- Evidence tampering for political or personal gain
…it becomes risky to rely on DNA evidence alone.
In contrast, countries like the U.S. have rigorous protocols for preserving evidence, reducing the risk of manipulation.
◈ Consequences of Errors in DNA Reliance
① Public Pressure:
Police may arrest an individual and falsify or switch DNA samples to secure a conviction—while the real criminal goes free.
② Consent vs. Rape Confusion:
A consensual act could be misclassified as rape simply due to DNA presence, without context or corroborating evidence.
③ Misidentification:
An influential accuser could lead to wrongful conviction of an innocent person, with police altering or destroying original evidence.
◈ Principles of Justice
✔ Justice is for both victim and accused.
✔ A clear distinction must be maintained between a suspect and a proven criminal.
✔ Investigation and evidence collection must be neutral, professional, and transparent.
◈ Position of the Pakistani Judiciary on DNA Evidence
✔ Pakistani courts currently treat DNA as secondary evidence, not primary proof.
✔ This is due to systemic flaws in sampling, testing, and investigative transparency.
If these structural issues are resolved, DNA could play a more central role in evidence evaluation.
◈ Clarifying Misconceptions
❌ The requirement of four eyewitnesses applies only to Zina (adultery/fornication), not to rape.
✔ Rape can be proven like any other crime—via various types of evidence.
✔ DNA is admissible as supporting evidence, provided other corroborating proof also supports the accusation.
❖ Conclusion
In order to improve the use of DNA testing in Pakistan:
✔ Strengthen the evidence collection system to prevent manipulation.
✔ Ensure the DNA process remains apolitical and professional.
✔ Uphold justice beyond social pressure or vested interests, prioritizing fairness and transparency for all parties involved.
