The Implementation and Enforcement of DNA Testing in Rape Cases in Bangladesh

A Comparative Analysis with the United Kingdom

Abstract

Purpose of the study: The purpose of this article is to demonstrate that, while DNA testing has some flaws, once those flaws are addressed, it has the potential to be used as critical evidence in the rape cases of Bangladesh, and by contrasting with the legal approaches of the United Kingdom, an answer about this phenomenon can be perceived.      

Methodology:  The authors of this paper employed a descriptive analysis to support the claims posed by the research questions. They examined various legal cases to validate their arguments. As a result, the research methodology of this study is evaluated through the framework of “Doctrinal research” given its legal focus, with the paper mainly concentrating on legal principles.

Findings: The findings suggest that the DNA test faces several complications in Bangladesh including violations of constitutional rights (article 32 & 35(4)), mistreatment, consent-related matters, and contamination. Though having such obstacles, still it can be proven as an effective tool in rape cases. Besides, under Section 37 of the DNA Act 2014, DNA tests may be perceivable in court as evidence, but the Act does not use the word “must”. Consequently, there is a loophole in the statute that prevents immediate conviction. Moreover, sections 2, 15(f), and 24 of the DNA Act 2014 should be considered for amendment by the legislature of the country. Furthermore, the findings of the contrasts between the DNA Act 2014 and the UK Acts will allow the Bangladeshi law to be enriched hypothetically.

Implications: As rape cases in Bangladesh is an exceptionally disturbing issue, so legal enactments should be there to decrease these occurrences and those must be unequivocally authorized properly. Here the writers attempted to contrast Bangladeshi laws and the United Kingdom regarding DNA tests, so Bangladesh can improve this by diminishing lacking DNA proof in rape cases. 

Limitations and Future Direction: To begin, because this paper relies primarily on legal texts, statutes, and cases, it may lack empirical evidence, such as real-world case studies or statistical analysis. Second, because this research does not involve direct involvement with key stakeholders such as survivors, law enforcement, or forensic professionals, the lack of firsthand viewpoints may restrict knowledge of practical difficulties and concerns.