"Empowering Justice: The Transformative Role of Trace DNA And Victim-Centric Reforms In Addressing Sexual Assault In India"

  • Avantika Johari
  • Prof. (Dr.) Purvi Pokhariyal
  • Shashi Kant Tiwari
  • Dr. (prof.) Reena Jaiswal
Keywords: Trace DNA Evidence, Victims' Rights, Sexual Assault, Legal Aid, Forensic Investigation

Abstract

This paper delves into the crucial role that trace DNA evidence plays in reinforcing victims' rights and facilitating access to legal aid in sexual assault cases in India. The study underscores the pervasive issue of sexual violence in the country and examines the systemic barriers that survivors often encounter when seeking justice, despite significant legal advancements. Trace DNA, also known as touch DNA, is increasingly recognized as a pivotal tool in forensic investigations, especially in scenarios where traditional forms of biological evidence are absent or insufficient. This paper elucidates the process through which trace DNA aids in identifying suspects and emphasizes the importance of meticulous evidence collection, alongside a discussion on the legal nuances related to its admissibility in court.

Additionally, the paper explores the legal rights afforded to victims under Indian law, including the right to medical assistance, the right to file a police complaint, and the right to access legal aid. It highlights the necessity of comprehensive support systems to empower survivors and ensure their equitable access to justice. Through an analytical lens, the paper reveals that while legislative reforms have been introduced to safeguard victims' rights, challenges in implementation remain pervasive, demanding sustained efforts to ensure that justice is both accessible and effective for those impacted by sexual violence. Ultimately, the paper advocates for a victim-centric approach within the criminal justice system, one that prioritizes the needs and rights of survivors.

Author Biographies

Avantika Johari

Research Scholar, National Forensic Sciences University, Gandhinagar

Prof. (Dr.) Purvi Pokhariyal

Dean, School of Law, Forensic Justice and Policy Studies, National Forensic Sciences University, Gandhinagar

Shashi Kant Tiwari

Research Scholar, Invertis University, Bareilly

Dr. (prof.) Reena Jaiswal

Dean, Invertis University, Bareilly

References

Amani, F., & Dewani, M. (2019). *Victimology and the need for restorative justice in sexual assault cases*. Journal of Legal Studies, 15(2), 123-145.

Barn, R., & Kumari, R. (2015). *The treatment of sexual assault victims in the Indian criminal justice system: Challenges and reforms*. Indian Journal of Criminology, 43(1), 45-60.

Costa, A., et al. (2020). *Understanding sexual violence: Definitions and implications for policy*. International Journal of Public Health, 65(3), 345-356.

Government of India. (2014). *Guidelines and protocols for medico-legal care for survivors/victims of sexual violence*. Ministry of Health and Family Welfare. Retrieved from https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/13147105/953522324.pdf

Inoue, T. (2020). *Legal reforms and victim rights in India: A critical analysis*. Asian Journal of Law and Society, 7(1), 78-95.

Zafarzai, A., & Amiri, S. (2021). *Support services for sexual assault victims in India: A systematic review*. Journal of Social Work, 21(4), 456-472.

Published
2024-09-24
How to Cite
Avantika Johari, Prof. (Dr.) Purvi Pokhariyal, Shashi Kant Tiwari, & Dr. (prof.) Reena Jaiswal. (2024). "Empowering Justice: The Transformative Role of Trace DNA And Victim-Centric Reforms In Addressing Sexual Assault In India". Revista Electronica De Veterinaria, 25(1), 1685-1691. https://doi.org/10.69980/redvet.v25i1.946
Section
Articles