DNA Technology in Pakistan: Impact on Criminal Investigations and Prosecutions
Explore how DNA technology is influencing criminal investigations and prosecutions in Pakistan, including successes, legal challenges, and reforms in forensic science.
Introduction
DNA technology has become an indispensable tool in modern criminal justice systems across the world, including in Pakistan. By providing highly accurate biological evidence, DNA testing has redefined the processes of criminal investigation and prosecution. In Pakistan, where traditional investigative techniques and limited forensic capabilities have often led to unreliable outcomes, DNA evidence has the potential to revolutionize justice delivery.However, despite its benefits, the adoption and integration of DNA technology into Pakistan’s criminal justice system face serious obstacles, including lack of infrastructure, judicial awareness, and standardization of protocols. This article examines how DNA technologies are used in Pakistan’s criminal investigations, their successes, shortcomings, and the path forward.
Understanding DNA Evidence in Criminal Cases
DNA (Deoxyribonucleic Acid) is the genetic blueprint unique to each individual. In forensic science, DNA profiling allows investigators to match biological samples (like blood, semen, or hair) from crime scenes with potential suspects. In Pakistan, this technology is mainly used in rape cases, murder investigations, terrorism, and mass disaster victim identification.
Legal Status of DNA Evidence in Pakistan
In Pakistan, the admissibility of DNA evidence in court is governed under the Qanun-e-Shahadat Order, 1984, which does not explicitly mention DNA. However, courts have increasingly accepted DNA as supporting or corroborative evidence. For instance:
Supreme Court of Pakistan, in multiple judgments, has recognized the role of forensic evidence, including DNA, in ensuring fair trials.
In rape and sexual assault cases, DNA is now considered essential under Supreme Court directives for proper investigation.
Still, DNA evidence is not yet universally mandatory or solely relied upon unless corroborated by other forms of evidence, like eyewitness testimony or confessions.
Key Cases Where DNA Played a Critical Role
1. Zainab Ansari Case (2018)
The rape and murder of 7-year-old Zainab in Kasur shocked the nation. This case marked a turning point in Pakistan’s forensic history:
The culprit, Imran Ali, was identified using DNA profiling by the Punjab Forensic Science Agency (PFSA), Over 1,100 DNA samples were tested.
This case highlighted the efficiency of DNA when used with modern forensics.
2. Shafqat and Shagufta Case
DNA evidence played a role in reviewing the controversial death penalty case of a Christian couple wrongly accused of blasphemy and murder, contributing to their eventual acquittal.DNA Testing Facilities in Pakistan
1. Punjab Forensic Science Agency (PFSA)
Established in 2009 in Lahore, the PFSA is Pakistan’s most advanced and functional forensic lab. It offers services like:DNA analysis
Toxicology
Crime scene investigation
Ballistics
It has played a pivotal role in training police officials and offering scientific support in major cases.
2. Other Facilities
Sindh Forensic DNA and Serology Laboratory (SFDL) in Karachi is relatively new but operational.Khyber Pakhtunkhwa Forensic Science Laboratory (KP FSL) is under development.
Islamabad and Balochistan still lack fully functional DNA testing labs.
The limited availability and centralization of these facilities pose logistical challenges, especially in rural or underdeveloped regions.
Challenges in Implementing DNA Technology in Pakistan
1. Lack of Infrastructure
Many areas lack access to qualified forensic labs. Specimens often have to be transported to Lahore, causing delays, degradation, or contamination.2. Weak Crime Scene Management
Improper collection, handling, and preservation of DNA evidence often compromise its integrity. Police and local investigators often lack proper training in forensic protocols.3. Judicial Hesitancy and Lack of Awareness
Many judges, lawyers, and investigators are not trained in scientific evidence analysis, leading to:Misinterpretation of DNA results
Overreliance on confessions or eyewitnesses
Hesitation to convict based on DNA alone
4. Legal and Religious Sensitivities.
Some critics argue that DNA evidence contradicts traditional requirements for four eyewitnesses (Shahadat) in cases like rape under Islamic law. However, most scholars and courts now view DNA as ta'zir evidence (supporting evidence under Shariah).5. Lack of a National DNA Database
Pakistan does not have a centralized DNA database for criminal suspects. This limits the scope of matching DNA from crime scenes to known offenders.Legislative and Policy Reforms
Several initiatives and proposed reforms could improve the implementation of DNA technology:
1. DNA Bill (Under Consideration)
The DNA and Data Protection Bill, still under review, seeks to establish:A national DNA database
Oversight for ethical use
Protection of individuals’ genetic privacy
2. Supreme Court Directives
The judiciary has taken steps to ensure:Mandatory DNA testing in rape cases
Training for judges on scientific evidence
Timely processing of forensic samples
3. Training and Capacity Building
Punjab and Sindh police have started training programs in forensic collection techniques. However, a national curriculum is still lacking.Advantages of DNA in the Pakistani Criminal Justice System
1. Enhancing Accuracy in Investigations
DNA offers objectivity and scientific precision, reducing reliance on torture-based confessions, which have marred many investigations in Pakistan.2. Reducing Wrongful Convictions
With increasing DNA-based exonerations worldwide, Pakistan stands to benefit by avoiding miscarriages of justice—particularly in capital punishment cases.3. Addressing Gender-Based Crimes
In rape and assault cases, DNA is often the only reliable physical evidence. With proper handling, it can ensure conviction where other evidence fails.4. Counter-Terrorism and Mass Disasters
DNA profiling is crucial in identifying victims of bombings, drone strikes, and mass graves. It has also been used in tribal areas and post-terrorist attack investigations.Public Perception and Media Influence
High-profile cases like the Zainab Ansari murder have increased public awareness about DNA technology. However, media sensationalism sometimes leads to unrealistic expectations or misreporting of scientific procedures. Public education on forensic science remains limited.
Way Forward: Recommendations for Pakistan
To maximize the benefits of DNA technology, Pakistan needs:
1. Legal Frameworks and Guidelines
Fast-track approval of DNA legislationClear rules for admissibility, chain of custody, and evidence protocols
2. Investment in Infrastructure
Expand regional forensic labsEquip police stations with basic evidence kits
3. Training and Education
Integrate forensic training in police academies and law schoolsOrganize workshops for judges and prosecutors
4. Creation of a National DNA Database
Build a secure, ethically governed repositoryInclude DNA from convicted criminals, missing persons, and unidentified bodies
5. Public Awareness Campaigns
Educate citizens on the role and limitations of DNA through school curricula, public service messages, and media programs.
Conclusion
DNA technology holds immense promise for improving the efficiency, fairness, and accuracy of Pakistan’s criminal justice system. It can help address wrongful convictions, enable scientific investigation of serious crimes, and promote accountability. Yet, for it to be truly effective, Pakistan must invest in infrastructure, training, and legal reforms.
The future of justice in Pakistan hinges on blending traditional legal wisdom with modern scientific tools like DNA technology. With the right investment and commitment, Pakistan can harness this powerful tool to ensure that justice is not only done—but seen to be done.