ABORTION

INTRODUCTION
 When a woman is pregnant and wants it to be terminated is called
Abortion. There are two types of abortions one is induced abortion in
which pregnancy is voluntarily terminated by the woman from the
service provider and the second one is spontaneous abortion in which
the process of abortion starts on its own without intervention and it is
also known as miscarriage.
 There are emerging technologies out in the world which is affecting
abortion negatively as well as positively as one of the case is In
April, scientists achieved a major breakthrough that could one day
drastically improve the fate of babies born extremely prematurely.
Eight premature baby lambs spent their last month of development in
an external womb that resembled a high-tech ziplock bag. At the
time, the oldest lamb was nearly a year old, and still seemed to be
developing normally.
ABORTION IN INDIA
1. BEFORE1971
Before 1971 , abortion was criminalized under Section 312 of Indian Penal Code. Abortion
was an offense since then except in the cases it was done to save the life of the woman and
it was punishable for 3 years in prison and fine as well.
2. ABORTION INCIDENCES IN INDIA
As a part of Abortion Assessment Project there was a study that was conducted in India on induced abortion
at a large scale to aware the people about abortion in 2002 and according to this project there are more 6.4
million cases of abortion in India in a year.
3. MEDICAL TERMINATION OF PREGNANCIES ACT, 1971
This act provides legal framework for legally terminating pregnancies in India. This act provides a
condition for pregnancy that termination of pregnancy can be done within 20 weeks of gestation
4. INDIAN PENAL CODE, 1860
Mainly section 312 and 316 deals with the laws relating to penal abortions .
5. NATIONAL ESTIMATE OF ABORTION IN INDIA
In India study shows that 15.6 million cases are there in a year related to abortion. This
was the case in the year 2015 when the first national study of the incidence of abortion
and unintended pregnancy in India estimated this figure
SURVEY ON ABORTION

 As of 2017, legal abortion by the support of public remains high

as it has been since 2 decades of polling. Currently more than
50% population says that it should be legal in all or most of the
cases and less than 40% says that it should be illegal.
 According to religious affiliation in 2017, 80% of religiously
unaffiliated Americans say abortion should be legal

 According to age in 2017, 65% of adults under 30 years of age
says it should be legalized and majority of people in the age of
30s and 40s says the same. And half of the percentage of people
in their 50s and early 60s says the same.
INTERNATIONAL CONVENTIONS AND
TREATIES RELATED TO ABORTION
 INTRODUCTION
In recent years, abortion advocates have sought to advance the idea that international human
rights law contains “right” to abortion and that sovereign nations should amend laws relating
the same. Now most of the UN treaty compliance committee not only subscribe to the fact that
abortion is an integral part of the modern human rights but also contributes in advancing it.
 UN CHARTER
The UN Charter set forth the respect for the principle of sovereignty and stated that “The
Organization is based on the principle of the sovereign equality of all members.” The United
Nations Human Rights Committee has been attempting to redefine an important international
human rights treaty by claiming that the “right to life” means that states should legalize
abortion under expansive terms.
 TREATY LAW
The word “abortion” is not contained in any of the UN treaty and “right to abortion” is not
inferred from the ordinary meaning of the words of such treaty. There are several conventions
and treaties which deals with protecting the unborn child and does not promote right to
abortion.
 INTERNATIONAL LAW
The American Convention stated that ‘23 latin American countries in 2013 declares human
life as commencing with conception.abortion becomes legal in some parts of America like in
Cuba in 1965 and in Uruguay in 2012. It is also legal in Mexico City.
DEBATES ON ABORTION
 MPs of Northern Ireland spoken about their experiences of having
abortion in a parliamentary debate on liberalizing abortion laws.
 ABORTION IN DEMOCRATIC SPAIN -There were 229 bills and
other parliamentary initiatives in that period, 60% initiated and led by
pro-choice women. 143 female and 72 male parliamentarians took part
in the debates
 In Latin America in 2006, after a decades-long impasse, the highly
controversial issue of abortion came to dominate the political agenda
when Colombia liberalized its abortion law and Nicaragua adopted a
total ban on abortion.
 With the objective to improve access to safe abortion services in India,
the Ministry of Health and Welfare, with approval of the Law Ministry,
published draft amendments of the MTP Act
 In Argentina, Argentina's Parliament has rejected a bill which would
have legalized abortion in the first 14 weeks of pregnancy.
LATEST NEWS ON ABORTION
I. On 21st August, 2018 in Chandigarh a local court directed the medical
board to reject a plea of a 15 year old pregnant rape survivor to abort the
foetus
II. On October 10th, 2018 Pope Francis in Vatican City compared abortion
with contract killing. “Interrupting a pregnancy is like eliminating
someone.”
III. On 18th August, 2018, “by an order of Madras High Court, the medical
termination of pregnancy of a 14 years old girl was performed on Friday
at Mahatma Gandhi Memorial Government Hospital.
IV. On 11th July, 2018, a gynaecologist was arrested in Bikaner for aborting a
foetus of a minor girl illegally in a raid conducted by a team of Health
Department.
V. On 20th September, 2018, in Madurai the district administration has said
that the activities of all scan centres will be monitored strictly after there
was a death of a woman during an abortion.
NATIONAL JUDGEMENTS
 OWN MOTION VS. STATE OF MAHARASHTRA
the case of High Court on its Own Motion v. State of Maharashtra has
explicitly held that the right of a woman to choose to be a mother or not
emerges from her human right to live with dignity which, falls within
Article 21 of the Constitution. Courts have further taken steps to prevent
maternal deaths resulting from a lack of access to safe abortion.

 STATE V. RIYAZUDDIN & OTHERS

The Court held that Riyazuddin did perform the surgery and that even if
he had no intent to harm the patient, “the knowledge that as an
unqualified person he was performing surgery which was likely to cause
the death of Sushmita is clearly attributable to Riyazuddin. Hence
ingredients of Section 314 IPC are fully satisfied.” The trial court sentenced
Riyazuddin to five years' imprisonment and a fee of Rs. 1 lakh for violations
of IPC Section 314 and to an additional three years' imprisonment for
violations of the MTP Act.
INTERNATIONAL JUDGEMENTS
 DOE V. BOLTON
The Supreme Court of U.S. ruled that a woman's right to an abortion could
not be limited by the state if abortion was sought for reasons of maternal
health. The Court defined health as "all factors – physical, emotional,
psychological, familial, and the woman's age – relevant to the well-being of
the patient." This health exception expanded the right to abortion for any
reason through all three trimesters of pregnancy.

 PLANNED PARENTHOOD V. DANFORTH

The Court invalidated broad portions of Missouri’s abortion law including
those which banned abortions by saline injection, required a married woman
to obtain the consent of her husband prior to an abortion, and required
consent of parents before an abortion could be performed on their minor
daughter. The court approved in principle, but without explanation, the
need for informed consent.
The law governing abortions is the Medical Termination of Pregnancy Act,
1971 (“MTP Act”). The MTP Act provides that a pregnancy may be
terminated by a registered medical practitioner up to the 20th week of
pregnancy, upon confirmation that the continuation of the pregnancy will
either be a risk to the woman’s life or gravely injurious to her physical or
mental health or if there is substantial risk that the child may have serious
physical or mental abnormalities when born.

Pregnancy caused by rape or due to the failure of contraceptives would

constitute grave mental health injury. Section 5 allows the termination of
pregnancy beyond 20 weeks if it is immediately necessary to save the
woman’s life. In all cases of abortion after 20 weeks that have come before
the Court, the Court constitutes a Medical Board, an expert committee of
medical professionals that produces a Report. The Report addresses
whether, first, the continuation of pregnancy would cause grave physical or
mental injury to the woman and, second, whether the child born would
suffer from any mental or physical disabilities.
 In Mrs. X vs. Union of India, the Supreme Court allowed for the
termination of a 22‐week old pregnancy. This was done after a 7 member
Medical Board opined that allowing the pregnancy to continue could
gravely endanger the woman’s physical and mental health. The Court held
that “a woman’s right to make reproductive choices is also a
dimension of her ‘personal liberty’ under Article 21 of the Constitution”
and that the right to bodily integrity allows her to terminate her pregnancy.
Similar judgments were passed by the Supreme Court in other cases where
pregnancies were beyond 20 weeks and the fetuses had various medical
conditions and anomalies, resulting in a high risk to the fetus and the
mother (Tapasya Umesha Pisal vs. Union of India [24 weeks]; Meera
Santosh Pal vs. Union of India [23 weeks]; Mamta Verma vs. Union of India
[25 weeks]). In all these cases the Supreme Court referred the matters to a
Medical Board and gave its decision based on the opinion of the Medical
Board.


 In Murugan Nayakkar vs. Union of India & Ors. W.P. (C) No. 749/2017, the Apex Court
allowed the termination of 32‐week old pregnancy of a 13‐year‐old rape victim holding,
“Considering the age of the petitioner, the trauma she has suffered because of the sexual
abuse and the agony she is going through at present and above all the report of the
Medical Board constituted by this Court, we think it appropriate that termination of
pregnancy should be allowed.”

 However, in Savita Sachin Patil vs. Union of India the Court rejected termination of a 27‐
week pregnancy. The Medical Board gave a finding that there was no physical risk to the
mother but the fetus had severe physical anomalies. The Court then did not permit
termination on the ground based on the Medical Board Report.

 In Alakh Alok Srivastava vs. Union of India W.P. (C) No. 565/2017, where the petitioner
was a 10‐year‐old pregnant rape victim with a 32‐week pregnancy as well the Court did
not allow termination. The Medical Board opined that the continuation of the pregnancy
was less hazardous for the petitioner than termination at that stage. During the course of
the proceedings, the Court asked the Centre to direct setting up of permanent medical
boards in states to expeditiously examine requests for termination post 20 weeks of
pregnancy and the Centre issued instructions for the same.

 Thus we see that the Court’s decisions depend on the recommendations of the Medical
Board. It is the Medical Board’s findings on the continuation and termination of
pregnancy, which becomes the determining factor for the Court, rather than the woman’s
reproductive rights.
 Roe v. Wade, 410 U.S. 113 (1973),[1] was a landmark decision of
the U.S. Supreme Court in which the Court ruled that the U.S.
Constitution protects a pregnant woman's liberty to choose to
have an abortion without excessive government restriction. It
struck down many U.S. state and federal abortion laws,[2][3]
and prompted an ongoing national debate in the United
States about whether and to what extent abortion should be
legal, who should decide the legality of abortion, what
methods the Supreme Court should use in constitutional
adjudication,The Court resolved this balancing test by tying
state regulation of abortion to the three trimesters of
pregnancy:
 The Court classified the right to choose to have an abortion as
"fundamental", which required courts to evaluate challenged
abortion laws under the "strict scrutiny" standard, the highest
level of judicial review in the United States.
 In 1992, the Supreme Court revisited and modified its legal
rulings in Roe in the case of Planned Parenthood v. Casey.[11]
In Casey, the Court reaffirmed Roe's holding that a woman's
right to choose to have an abortion is constitutionally
protected, but abandoned Roe's trimester framework in favor
of a standard based on fetal viability, and overruled Roe's
requirement that government regulations on abortion be
subjected to the strict scrutiny standard
LAW AND TECHNOLOGY
TOPIC- BRAIN MAPPING
Introduction
The association of Forensic Sciences and the Investigation has
become a matter of prime importance in the field of the
administration of the Criminal Justice System.

Forensic science plays a vital role in crime detection.

In present scenario, forensic science can be said to be an

important branch of jurisprudence. It is potent and powerful
weapon in the armory of administration of justice.

The operation of forensic is nothing but application of

techniques and tools of basic science for various analysis of
evidence associated with crimes. The scientific examination by
forensic scientists adjoins a missing link and strengthens the
weak chain of investigation.

The role of Judiciary has become very crucial as the Judges

have responsibility to determine the weight of Forensic
Evidence and to decide whether to accept it or to reject it.
WHAT IS BRAIN MAPPING???
Brain Mapping is a response of the brain to a stimulus which is shown to
the subject.

It is a component of averaged brain potentials. In this test no questions are

asked from the accused. He is made to sit in evoked potential recording
machine and is shown objects relating to crime scene or is made to hear sounds
pertaining to crime site.

The sensors from his head pick the event related potentials in the form of Brain
Mapping only if the person has been at the site of crime. Through brain mapping
only proof of the presence of the person can be made out, inferences cannot drawn that
he has committed the alleged offence
How Does A Brain Map Work?

 A brain map involves scanning the brainwaves

on the surface of the scalp using a nylon cap.
This method is known as an Quantitative
Electroencephalogram (QEEG) and provides
the most accurate recording of your normal
brain function.
 The system then compares your brainwave
activity to a database of established standards
of normal brain function to determine if
problems are present. It does not identify
specific conditions: It shows a map of problem
areas in the brain that we can use to expertly
determine likely neurological conditions.
Why Are Brainwaves Important?

 Brainwaves are extremely important to

how we function. There are 4 main
brainwaves, and each of them regulates
a different part of our body. From sleep
to emotions to critical thinking, we would
not be who we are without our
brainwaves.
LAW VIS A VIS SCIENCE
The Conventional Evidences and Expert Opinions were considered of unequal
weightage in the recent past but drastically as the technology has developed, the
scientific evidences have become more précised. But still both Science and Law
operate in two different realms i.e. of ‘calculation & observation’ and ‘Justice’
respectively.

Science works on ‘pure logic’ and on the other hand is law, which is never static but
dynamic.
The problem arises because of difference in their field of evolution and difference in
their supplementary objectives.

The objective of the science it to bring out the truth and rather it is based on the
principle of truth and false but when the matter is in consideration with the objective
of doing Justice, the means to achieve Justice may change from time to time.
SOCIETY FOR BRAIN MAPPING AND THERAPEUTICS

The Society for Brain Mapping and Therapeutics (SBMT) is a non-

profit biomedical association principally concerned with Brain
Mapping and Intra-operative Surgical planning. The Brain
Mapping Foundation provides funding to members of the society.

The Society is dedicated to advancing the understanding of the human

brain and developing new treatments for brain disorders. They provide
funding for research grants, organize conferences and workshops, and
promote interdisciplinary collaboration among scientists, clinicians, and
industry professionals.
Their ultimate goal is to improve the diagnosis, treatment, and
prevention of brain disorders for improved patient outcomes.
ORGANISATION FOR HUMAN BRAIN MAPPING

The Organization for Human Brain Mapping (OHBM) is an international

society dedicated to advancing the understanding of the anatomical and
functional organization of the human brain using neuro imaging.

A primary function of the society is to provide educational forums for the

exchange of up-to-the-minute and groundbreaking research across neuro
imaging methods and applications. OHBM achieves this through its member led
committees and an Annual Meeting that is held in different locations throughout
the world.
BRAIN MAPPING IN INDIA

In case of Selvi V. State of Karnataka, the Supreme Court of India has clearly stated that
DDTs cannot be performed without consent. Earlier, In Dinesh Dalmia’s case, the
Madras High Court ruled that investigating agency should complete investigation in a
reasonable time period and it may involve Scientific methods to boost up the
Investigation process and reveal the mystery. If it is not done then the benefit of delay is
to be given to the accused. Observing the same strength in another judgment, the court
had held that the Narco test is a step in aid of investigation. It creates an important
foundation for further investigation as it leads to gathering of further evidences.

The Supreme Court’s judgment in Selvi V. State of Karnataka raised serious concern on
performing these tests involuntarily on the basis of violation of ‘Right against self-
incrimination’ enumerated in Article-20(3) of the Constitution, which states that no
person accused of an offence shall be compelled to be a witness against himself/herself,
and Right to life and personal liberty given under Article-21 which was interpreted to
include ‘Right against cruel, inhuman or degrading treatment.
PROCEDURE TO PERFORM BRAIN- MAPPING

In this test of Brain Mapping the suspect is first interviewed and interrogated find out whether he
is concealing any information. The activation of brain for the associated memory is carried out by
presenting list of words to the subjects. There are three types of words in the list used for Brain
Mapping Test,
Part I consisted of neutral words, which have no direct relationship with the case.
Part II consists of probe words directly related to the case and suspects to elicit concealed
information, which all suspects have had opportunity to come to know during the course of
events related to the case.
Part III consists of target, which are not part of the first two parts.The words in this part are
based on confidential findings which suspect does not know.

The recording of this test is done by acquiring the response through 32 channel EEG-ERP Neuro
Scan cording system. It is carried out by asking the suspect to sit down and close his eyes. The
32 channel electrodes are placed over the scalp directly while conducting this test twice by
presenting each word in three parts randomly. The suspect is instructed to relax and listen to the
words presented in the auditory mode. This test does not expect any oral response from the
witness. The conclusion drawn by the experts after the conduct of the test to indicate the
possession of the knowledge about the relevant subject which is helpful in the investigation and
collecting of evidence. After the administration of the test, what comes out is that, the person
undergoing the test has the knowledge of the crime about which he was questioned (brain
mapping). In the said test there is no way to find out what the lie is or what is the information
stored in the brain of the person concerned. It can be called the information received of taken
out from the witness.
CRITICAL ANALYSIS OF BRAIN MAPPING
1. This test has its own limitations. The test is conducted by a human being and it is possible that
they fail to fully and truthfully analyze the brain wave.
2. A innocent person who has not committed the crime but has only witnessed the wound also react to
the stimuli. Similarly, a person may be aware of the crime due to details published in media and the
brain may store it. In that case also there chance is that the innocent can also be found guilty.
Therefore, this tests utility is only to imprint the subject’s brain, which makes it clear that the subject
is innocent.
3. This technique is also criticized on the ground that it is violation of brain privacy. By this a
person loses his right to keep his thought to himself.
4. This is also not useful in case of a person who loses his memory, e.g., old people easily lose
memory and therefore can brain mapping on an old man accurately work? Similarly, a person
suffering from deficiency in memory can exit normal p-300 brain waves?
5. The six-member committee headed by National Institute of Mental Health and Neuro Sciences
(NIMHANS) Director Dr. Nagraj -concluded that Brain Mapping is unscientific and should not be
used as an tool of investigation and an evidence adduced through brain mapping should be made
inadmissible in Courts. He also said there is requirement of a methodical, systematic and meticulous
examination of the procedure as it lacks ascertained principles.
CASES
1)Nithari’s serial killing case
2) Mumbai serial killer case
3)Test conducted on a film actress Preeti Jain
4) Abduction case
5) Test conducted on a suspected terrorist
6)Test conducted on a suspected terrorist
7)Terrorist attack at Indian Institute of Science (IISc), Bangalore
8)THE PETLAWAD BLAST CASE (2015)
CONCLUSION
Forensic Investigation is a useful in now days because of changing pattern of Crime and
organized way in which Crime is committed. If an Investigation spot is compromised and
evidences are not collected on time then such investigation can be doubted on the basis of
delay, improper sample collection etc. If the Investigation agency is Independent then it will go
for collecting the evidences from both the sides i.e. prosecution as well as defendants which
will bring out the truth. As we follow the principle of ‘Saving the Innocent’, many innocent
people who are framed under some Crime can be saved. And on the other hand, the
wrongdoers can be held ‘Guilty beyond reasonable doubts’.
In conclusion, DDT’s (Brain Mapping, Narco-Analysis, Lie-detection tests), are underdeveloped
techniques in India and it is not clear to what extent such techniques can be held reliable. But
on the other hand, such techniques are very relevant in today’s Crime Investigation and
required for efficient investigation without undue delay. According to me, the involuntariness of
the tests should not be a bar to its admissibility at Investigation Stage. Like in the Petlawad
Blasts Case, where the Evidences are so contradictory, such tests should be performed, even
without any consent because the basic principle of the Criminal Justice System is to bring the
truth and provide Justice to people, not just to shut the cases by reaching any conclusion.
Further, it is also needed to go for an Independent Investigating Agency which has the
responsibility as well as authority to conduct all such Investigation and to undergo research
and developmental plans for such techniques and to have standard operating guidelines for
conducting such tests.
PRESENTATION ON CLONING IN MEDICAL
TECHNOLOGY
 CONTENTS

1. WHAT IS CLONING?
2. TYPES OF CLONING
3. INTERNATIONAL SCENARIO
4. VARIOUS CONVENTIONS
5. CLONING IN INDIA
6. LAWS ON HUMAN CLONING
7. ARTICLES
8. BIBLIOGRAPGHY
 1.WHAT IS CLONING?

Cloning is the process of producing genetically identical individuals of an organism either

naturally or artificially. In nature , many organisms produce clones through asexual
reproduction.
Asexual reproduction is a mode of reproduction in which a new offspring is produced by a
single parent. The new individuals produced are genetically and physically identical to each
other, i.e., they are the clones of their parents.
The tem clone was invented by J.B.S Haldane is derived from the Ancient Greek word “twig” ,
referring to the process whereby a new plant can be created from a twig.

Cloning is defined in ICMR 2013 as the process of creating genetically identical copy of a
biological unit eg:- DNA, a cell from which it was derived especially by way of
biotechnological methods.
 2.TYPES OF CLONING

A)Reproductive Cloning:- in reproductive cloning genetically identical embryos are created by

implanting such embryos into uterus so that the bay carrying the identical genetic
characteristics to another person will be born.
B) Reproductive cloning involves the implantation of a cloned embryo into a real or an
artificial uterus. The embryo develops into a fetus that is then carried to term. Reproductive
cloning experiments were performed for more than 40 years through the process of embryo
splitting, in which a single early-stage two-cell embryo is manually divided into two individual
cells and then grows as two identical embryos. Reproductive cloning techniques underwent
significant change in the 1990s, following the birth of Dolly, who was generated through the
process of SCNT.

C) Therapeutic Cloning:- it is a technology also known as embryo cloning is the production of

human embryos for use in research with the goal of harvesting stem cells that can be used to
study human development and treat diseases. Stem cells are extracted from the egg at
blastocyst stage and can be used to generate any type of specialized cell in human body.
• Researchers hope to use embryonic stem cells, which have the unique ability to
generate virtually all types of cells in an organism, to grow healthy tissues in the
laboratory that can be used replace injured or diseased tissues.
• In addition, it may be possible to learn more about the molecular causes of
disease by studying embryonic stem cell lines from cloned embryos derived from
the cells of animals or humans with different diseases. Finally, differentiated
tissues derived from ES cells are excellent tools to test new therapeutic drugs.
• Many researchers think it is worthwhile to explore the use of embryonic stem
cells as a path for treating human diseases. However, some experts are
concerned about the striking similarities between stem cells and cancer cells.
Both cell types have the ability to proliferate indefinitely and some studies show
that after 60 cycles of cell division, stem cells can accumulate mutations that
could lead to cancer. Therefore, the relationship between stem cells and cancer
cells needs to be more clearly understood if stem cells are to be used to treat
human disease.
 3.INTERNATIONAL SCENARIO
In America, the federal government cannot fund the human cloning research.

In United Kingdom, Human Reproductive Cloning act prohibit placing of embryo in a women
created by artificial means.

 In Ireland there are no laws preventing human cloning same goes with Finland . Singapore and
South Korea.
 4.VARIOUS CONVENTIONS
The Universal Declaration on the Human Genome and Human Rights which was adopted by
General Conference of UNESCO 1997 which prohibited cloning of human beings.

In 2005 the United Nations adopted its declaration on human cloning to try to deal with the
cloning situation.

UNESCO has till date adopted 3 declarations on bioethics those are Universal Declaration on
the Human Genome and Human Rights ,Universal Declaration on Human Genetic Data 2003
and Universal Declaration on Bioethics and Human Rights 2005b.

Even after all these conventions no practical progress has been made.
 5.CLONING IN INDIA
In India cloning is regulated by guidelines issued by the Indian Council of Medical Research.

 The Indian Council of medical research and the department of biotechnology has drafted
guidelines for stem cell research in which they recommend that embryos should not be
generated for the sole purpose of obtaining stem cells. Any research related to reproductive
cloning and the transfer of human blastocysts generated by somatic cell nuclear transferred into
human is prohibited.

In 2013 ICMR and Department of Biotechnology issued guidelines for human cloning.
 6.LAWS ON HUMAN CLONING
In America, the federal government cannot fund the human cloning research.

In United Kingdom, Human Reproductive Cloning act prohibit placing of embryo in a women
created by artificial means.

 In Ireland there are no laws preventing human cloning same goes with Finland . Singapore and
South Korea.

In Australia recently ended its ban on research that involves therapeutic cloning giving
researchers freedom to do the research.
 7.ARTICLES
MONKEYS CLONED IN CHINA PAVING THE WAY FOR HUMAN CLONING:- scientists
in china have cloned two monkeys successfully and this is increasing the chances of human
cloning but the scientists said they have no intention of cloning human beings.

SCIENTISTS USE GENE EDITING ON PIGS:- scientists are now using gene editing on pigs
for removing viruses from the pig genome so that its organs can be used for human organ
transplant.

MOUSE PUPS FROM SAME SEX PARENTS:- Chinese scientist have produced two mice
from two female mothers through gene editing paving the way where humans could be borne by
even both male fathers.

GENE TO CONTROL INFECTIONS:- scientists are trying to extract some genes from animals
specially those animals which are immune from the disease so that humans can become immune
too.
 8.BIBLIOGRAPHY

 LAW AND TECHNOLOGY CYBER LAW BY ASHISH SARASWAT

 WIKIPEDIA
 WWW.SCIENCEDAILY.COM
 WWW.LIVESCIENCE.COM
 WWW.NATURE.COM
 WWW.FINDLAW.COM
 WWW.NEWSCIENTIST.COM
 WWW.NPR.ORG
 WWW.GENETICSSOCIETY.ORG
 WWW.GOOGLE.COM
EXPERIMENTS ON
HUMAN BEINGS
 INTRODUCTION

• Animal experimentations provide important, new and generally valid results, but certain
findings required confirmation in man. Human experimentation is of particular relevance for
clinical research. But, there were (and is until today) conflicts: on the one hand the goal of
providing each patient with the best responsible treatment and doing no harm, and, on the
other hand, the goal of gathering important information which is indispensable for the
advancement of medicine and cannot otherwise be obtained.
• Human experimentation and research ethics evolved over time.
• There are numerous examples that involve abuse of humans through failure to disclose the
purpose of the studies, failure to inform subjects of risks, coercion, undisclosed personal
gain by researchers, unethical intentions of nations, and many other situations that are
frequently cited as atrocities committed against humans. Much of the time, the subjects of
human experimentation are prisoners, slaves, family members, or the experimenter himself.
 HISTORY

• THE NAZI ERA : The worst instances were the inhuman, cruel and
perverse experiments carried out in Nazi concentration camps. These
experiments and vivisections can be classified under the following four
categories:
• (1) vivisections for training newly employed army surgeons
• (2) intentional infection of diseases
• (3) trials of non standardized treatments
• (4) learning tolerance of the human body
• At the war's conclusion, 23 Nazi doctors and scientists were tried for the murder
of concentration camp inmates who were used as research subjects. Of the 23
professionals tried at Nuremberg, 15 were convicted. Seven of them were condemned to
death by hanging and eight received prison sentences from 10 years to life. Eight
professionals were acquitted.
• The Nazi experiments fell into three basic categories:
• (1) Medico-Military Research – freezing, high altitude, sea water, sulphanilamide
and tuberculosis experiments
• (2) Miscellaneous, Ad Hoc Experiments – poison and wound experiments
• (3) Racially Motivated Experiments – artificial insemination, sterilization and
twin experiments, as well as Jewish skeleton collection
• The experiments were characterized by several shocking features. Persons were forced
to become subjects in very dangerous studies against their will; nearly all subjects
endured incredible suffering, mutilation, and indescribable pain; the experiments often
were deliberately designed to terminate in a fatal outcome for their victims.
•TASK MK-ULTRA: It was additionally called the CIA mind control program, is the code
name given to a program of tests on human subjects that were composed and attempted by
the United States Central Intelligence Agency—and which were, on occasion, unlawful.
Experiments on people were proposed to distinguish and create medications and techniques
to be utilized in cross examinations with the end goal to debilitate the individual and power
admissions through mind control.

•UNIT 731 : It was a clandestine natural and concoction fighting innovative work unit of the
Imperial Japanese Army that attempted deadly human experimentation amid the Second
Sino-Japanese War (1937– 1945) of World War II.

•TOTSKOYE ATOMIC EXERCISE : It was a military exercise embraced by the Soviet Army
to investigate cautious and hostile fighting amid atomic war. The activity, under the code
name "Snowball", included an elevated explosion of a 40 kt RDS-4 atomic bomb. The
expressed objective of the activity was military preparing for getting through intensely
sustained guarded lines of a military adversary utilizing atomic weapons. A multitude of
45,000 warriors walked through the region around the epicenter not long after the atomic
impact.
 DEVELOPMENT OF REGULATIONS
INTERNATIONAL

(1) The General Assembly of the United Nation in 1948, the Universal Declaration of Human
Rights was adopted and reclaimed.
• The declaration was not legally binding, but it urged member nations to promote a number of
human, civil, economic and social rights, asserting these rights are part of the foundation of
freedom, justice and peace in the world.
• This declaration was also the first international legal effort to limit the behaviour of states and press
upon them duties to their citizens following the human right norms.
• The Universal Declaration of Human Rights was also recalled in every declaration, convention or
guidelines on biomedical research, clinical research, biology and science technology, that were
adopted by the world society later.
(2) Nuremberg Code in 1947, which clearly stated voluntary consent as an absolute requirement for
human subjects' research11. As a result, it became almost impossible to conduct any clinical research
in mentally impaired and other vulnerable groups.
Here are other declarations and conventions that world society has adopted and proclaimed
since 1948:
(3) Declaration of Helsinki developed by the World Medical Association, is a set of ethical
principles for the medical community regarding human experimentations. It was originally
adopted in June 1964 and has since been amended multiple times. The declaration was the
first significant effort made by the medical community to regulate itself. It considers the
conduct of clinical research. Some articles from the Declaration:
•Article 5: In medical research on human subjects, considerations related to the well-being of
the human subject should take precedence over the interests of science and society.
•Article 11: Medical research involving human subjects must conform to generally accepted
scientific principles, be based on a thorough knowledge of the scientific literature, other
relevant sources of information, and on adequate laboratory and, where appropriate, animal
experimentation.
•Article 13: The design and performance of each experimental procedure involving human
subjects should be clearly formulated in an experimental protocol. This protocol should be
submitted for consideration, comment, guidance, and where appropriate, approval to a
specially appointed ethical review committee, which must be independent of the investigator,
the sponsor or any other kind of undue influence.
(4)VANCOUVER CONVENTIONS
• A group of editors of general medical journals established guidelines for the format of
manuscripts to their journals. The group became known as the Vancouver Group, it
expanded and evolved into the International Committee of Medical Journal Editors. The
guidelines include ethical principles related to publication in biomedical journals. In
Vancouver convention
• they have an own section about the protection of human subjects and animals in
research, which says ‘ when reporting experiments on human subjects, authors should
indicate whether the procedures followed were in accordance with the ethical standards
of the responsible committee on human experimentation (institutional and national).
(5)UNESCO
• Since 1970’s, UNESCO has been involved in the field of bioethics. They recognized it
was a growing problem that needed the international community to state universal
principles that will provide a foundation for humanity’s response to the increasing
dilemmas and controversies that science and technology present. The UNESCO
Bioethics Program was created in 1993, on the basis of the concern of the progress in
the life sciences like stem cell research, genetic testing and cloning, which gives human
beings new power to improve our health and control the development process of all living
species. Three Declarations on the bioethics and human rights were adopted by
UNESCO since 1997 and they are:
(6)Universal Declaration on the Human genomes and Human Right, adopted in 1997
In the preamble of the declaration says that recognizing that research on the human genome and the
resulting applications open up vast prospects for progress in improving the health of individuals and of
humankind as a whole, but emphasizing that such research should fully respect human dignity, freedom
and human rights, as well as the prohibition of all forms of discrimination based on genetic characteristics.

(7)Universal Declaration on Human Genetic Data, adopted in 2003

The Declaration established a standard-setting instrument, laying down the ethical principles that should
govern their collection, processing, storage and use of human genetic data.

(8)Universal Declaration on Bioethics and Human Rights, adopted in 2005

The aim is to establish an international standard-setting that can help states making laws on the
dilemmas that caused by the rapid developments in science and technology.
Some examples from articles of the Declaration:
In Article 3 – Human dignity and human rights says that human dignity, human rights and fundamental
freedoms are to be fully respected. The interests and welfare of the individual should have priority over
the sole interest of science or society.
The Article 5 – Autonomy and individual responsibility is about autonomy of persons to make decisions,
and for persons who are not capable to make their decisions, special measures must be taken to protect
their rights and interests.
(9) WHO’s Operational Guidelines for Ethics Committees
The guidelines are to contribute to the development of quality and consistency in the ethical
review of biomedical research. The purpose of an Ethic Committee is to safeguarding the
dignity, rights, safety and well-being of all actual or potential research participants. It also says
that the committees need to have independence from political, institutional, professional and
market influences.

(10)Council of Europe – Convention on Human rights and Biomedicine,

adopted in 1997.
This is the first legally-binding international text designed to preserve human dignity, rights
and freedoms, through a series of principles and prohibitions against the misuse of biological
and medical advances. The interests of human beings must always come before the interests
of science or society. It bans all forms of discrimination based on the grounds of a person’s
genetic make-up and allows the carrying out the predictive genetic testes only for medical
purposes.
 DEVELOPMENT OF REGULATIONS
INDIA

The Indian Council of Medical Research (ICMR) – 1947(amended in the year2002) , which
was set up in order to foster a research culture in India, improve and develop infrastructure and
foster community support.
• Drugs and Cosmetics Act – 1940- states that all clinical trials in India should follow the
ICMR guidelines of 2000.
• Medical Council of India Act – 1956- states that all clinical trials in India should follow the
ICMR guidelines of 2000.
• Central Council for Indian Medicine Act – 1970
• Guidelines for Exchange of Biological Material,1997
• The Biomedical Research on Human Subjects (regulation, control and safeguards) Bill
- 2005
 CLINICAL TRIAL REGISTRATION IN INDIA

• In order to make clinical data and reports available to all, an online clinical
registry has been initiated by the Indian Council of Medical Research (ICMR)
for the registration of any interventional trial to ensure the following goals:
• Transparency and accountability of clinical research
• Internal validity of clinical trials
• To oversee the ethical conduct of clinical trials
• Reporting of results of clinical trials
• The clinical trial registry of India (CTRI) is the online registry of prospective
clinical trials in India.
• CTRI will create a database of prospective clinical trials in India after their registration.
The data and reports of these clinical trials and their status will be available to the public
and professionals free of cost after formal registration on their website. Currently, the
registration of clinical trials is only voluntary and not mandatory. With increased
awareness about this initiative and wide acceptance of the purpose of CT registration, it
is likely that it may become mandatory in the future for initiation of clinical trials in India.
• It has been affirmed that CT registration should be done before the actual enrollment of
study subjects in the trial.
• The principal investigator or sponsor should share the responsibility of CT registration. In
the case of multi-centric studies, the lead investigator or sponsor should ensure that the
CT is registered.
• For the registration of a CT, it is essential to declare 20 items relevant to the CT as
determined by the International Clinical Trial Registration Platform (ICTRP) of the World
Health Organization (ICRTP-WHO).
• For registration with the CTRI, additional items related to the EC or IRB's permission and
that of Director Controller General of India (DCGI) are included. At the end of a
successful registration, each CT is assigned a unique WHO identification number
called the Unique Trial Reference Number (UTRN).
 CONCLUSION

• A law will not guarantee anything – look at how the laws on transplants, on sex selection, are
broken. But having a law will help for those who are afraid of scrutiny, which are conscientious.
The group misusing the law will do so anyway. But with a law you can ask questions, conduct
an inquiry, and take action. To ensure that India becomes a leading nation in Good Clinical
Research, greater attention must be paid to promoting clinical research. The gap between the
developed and developing worlds needs to be narrowed in order to ensure global justice,
particularly with respect to the widespread availability of proven interventions in developing
countries. The emphasis is to ensure that Research ethics should be made an integral part of all
biomedical research. As such every stakeholder should consider research participants as
central players, who should be protected from any harm for which an appropriate legislation
should be in place to ensure the above.
THANK YOU
 Genetic Technologies
(Natural Resources and
Biodiversity Act)
 Introduction

 Research and development in modern biotechnology and gene technology

cover a broad area from stem cell research and the development of medical
genetic testing to the use of genetically modified plants, microorganisms
(including viruses) and animals.
 Modern biotechnology can provide new solutions in a number of areas such
as the health services, food production and the legal system.
 But there are some potential future risk factors relating to animal and human
health, the environment and society making the regulation of modern
biotechnology a challenge.
 Since modern biotechnology may lead to major social changes, it is argued
that people in general should be involved in the decision-making processes.
This way the authorities and those who develop the technology can obtain a
more holistic picture of the consequences the technology may have for social
development.
 Topics

 There are many topics in which modern biotechnology and gene technology
are used. They are :

 Genetically modified organisms (GMOs)

 DNA vaccines

 Human biotechnology

 Gene therapy

 Stem cell research

 Genetically Modified Organisms

 Gene technology today is an important part of modern biotechnology and is

used, among other things, to give bacteria, plants and animals new
properties. This is possible by inserting a gene from, for example, a
bacterium, into a plant or animal (transgenes).
 The producers develop GMOs for the purpose of giving us vaccines and
medicines, more effective aquaculture and agriculture, and cheaper food.
 Insect-resistant and pesticide-tolerant plants or plants with a combination of
these properties are the most common GM plants. Soon the market will offer
GM plants that tolerate drought, are more suitable for producing ethanol,
medicines and vaccines.
 Norway has adopted restrictive regulations concerning the use of GM
plants in agriculture.
 In the period 2007–2014, feed producers in the aquaculture industry had
authorisation to use processed GM plants in the manufacture of fish feed.
The licence was valid for one year at a time and only allowed producers to
use GM plants for feed production in emergencies.
 Since the producers did not use GM plants during this period, the licence was
withdrawn in 2014. By the same token, in 2015, the Norwegian authorities
recommended approval under the Gene Technology Act of GM maize for
import and processing. Before this maize can be used for food and feed it has
to be approved under the Norwegian Food Act.
 The producers of GM plants promise higher quality and greater efficiency in
agriculture, while the sceptics are concerned about unforeseen effects on
health, the environment and society. The expected consequences are short-
term benefits, while the unintended consequences (for health and the
environment) are often poorly investigated and may emerge over time.
 The Norwegian Gene Technology Act is unique in that it has five criteria
(environment, health, societal benefit, sustainability and ethics) for approval
of a GMO.
 In the EU and countries that have ratified the Cartagena Protocol, there is a
growing focus on socioeconomic effects. Little is known today about GMOs
and their relations with socioeconomics, societal benefit and sustainability.
 (The Cartagena Protocol is an international agreement aimed at regulating
the use of biotechnology in agriculture. Signed in 2000, the protocol seeks to
ensure the safe handling, transport, and use of living modified organisms
(LMOs) to avoid potential risks to biodiversity and human health.)
 DNA Vaccines

 DNA vaccination is defined as intentional transfer of genetic material (DNA or

RNA) to somatic cells in order to influence the immune system. (Somatic cells
are non-reproductive cells in the body that are involved in the development
and maintenance of tissues and organs. They are distinct from germline cells,
which are responsible for reproduction. Somatic cells can differentiate into
various cell types, such as muscle cells, nerve cells, and epithelial cells, to
replace damaged or aged cells in the body. )
 In recent years, DNA vaccines have received a great deal of attention,
especially since they represent a novel possibility for preventing diseases
against which there are no reliable vaccines at present.
 There are many uncertainty factors with regard to what consequences DNA
vaccination may have for the organism that is vaccinated, and whether other
organisms in the surrounding environment will be affected.
 It is also unclear at present how DNA vaccines should be defined and
regulated, and whether the vaccinated organism can be defined as GMO,
which may have implications for market acceptance.
 Human Biotechnology

In connection with humans, modern biotechnology

includes methods for producing medicines, for
detecting a genetic disposition or a disease or
disorder, methods for curing diseases, and
methods for enhancing human characteristics.
(Genetic disposition refers to an individual's
inherited genetic traits or predispositions that can
affect their health, behavior, or susceptibility to
certain diseases. It is determined by a combination
of genetic and environmental factors and can
influence everything from eye color and height to
susceptibility to certain diseases.)
 Gene Therapy

 Gene therapy makes it possible to alter one or more genes that cause
illnesses that cannot otherwise be treated.
 A distinction is made between gene therapy on somatic cells (all the cells in a
body apart from gametes (sex cells)) and on gametes.
 In gene therapy on somatic cells, the procedure on humans aims to repair the
gene that causes disease. Gene therapy on gametes (ova (egg cells),
sperm)) or fertilised ova is most controversial, as the intervention will be
passed on to future generations.
 Recently developed technology such as CRISP/Cas9 can also alter genes,
and should therefore also be covered by the term 'gene therapy'.
 For example, PGD can be used to select gender. The same applies to the
possibility of deselecting disabilities and diseases. (Pre natal gender
screening)
 Tissue typing, for picking characteristics intended to ensure that tissue or
organs from a future child can cure its brother or sister of a serious illness, is
another example.
 A dilemma is that the potential latent in gene therapy can lead to expectations
and promises being linked directly to questions of access to grants, and give
rise to uncritical and unrealistic hope dynamics, with underestimation of time-
consuming innovation processes.
 This may overshadow the need for quality assurance, for prudent regulation
and for development to take place in accordance with important social needs
and accepted ethical norms.
 In a future where we may have the opportunity to cure serious diseases, it is
easy to forget that gene therapy also entails a risk of unexpected effects.
 For example, there have been reports of gene therapy having unexpected
effects such as early death and the development of rare diseases.
 Stem Cell Research
 Today research takes place on stem cells from adults, children, umbilical cords
and cloned embryos. The most promising area, but also the most controversial, is
curing diseases like Alzheimer's and Parkinson's with the aid of stem cells from
cloned embryos. (the body's raw materials — cells from which all other cells with
specialized functions are generated)
 With stem cells from cloned embryos, the patient gets fresh cells, tissue or
organs from his or her newly produced twin.
 For many, the ethical problem associated with therapeutic cloning appears to be
the cloning itself, while for others it is the fact that in carrying out therapeutic
cloning we are also accepting the production of human life exclusively for
research purposes.
 Research ethics in the field of medicine has concentrated on protecting the
individual and preventing immoral actions from being performed in the name of
research.
 In Norway, therapeutic cloning is prohibited, and this has given rise to an
interesting debate around the questions: 1. Should we refrain from using the
potential opportunities in therapeutic cloning and research on fertilised eggs? 2.
Should we be able to use the published research results from countries where
such research is legal?
 For example, if treatment of Parkinson's disease becomes possible in Denmark,
it will hardly be possible to prevent Norwegian patients from going there for
treatment.
 Biodiversity Act, 2002
 The dependence of human beings on biological diversity is beyond challenge,
as evident in everyday life. The food, fibre, fuel, fodder, shelter, health and
other needs of the growing world population are dependent on various
components of biodiversity. Plant genetic resources for food and agriculture
are a common concern of all countries and most countries depend largely on
plant genetic resources that have originated elsewhere.
 Therefore, the sustainable use of biological diversity at the national as well as
international level is of critical importance. For this reason, the access to and
sharing of both genetic resources and technologies for their sustainable use
among nations are essential.
 A legally binding agreement, Convention on Biological Diversity (CBD),
was adopted by the United Nations Conference on Environment and
Development, held at Rio de Janeiro in June 1992.
 The main objectives of the CBD are ‘the conservation of biological diversity,
the sustainable use of its components and the fair and equitable sharing of
the benefits arising out of the utilization of genetic resources.
 The Convention reaffirmed that country have sovereign rights over their biological
resources and that the countries are responsible for conserving these resources and using
them in a sustainable manner.
 The contracting parties to the CBD (which included India) was, therefore, required to
integrate considerations of conservation and sustainable use of biological diversity
into its country level programmes and polices.
 In India, access to biological resources for research, and for commercial utilisation
including Intellectual Property Rights (IPR) was an unregulated domain until the Biological
Diversity Act, 2002 was passed by the two houses of Parliament.
 With rising bio-piracy and bio-based trade it was felt that serious checks were needed, and
that these should have the force of law.
 It was also becoming clearer that legislation should be crafted so that the conservation of
biodiversity is considered as a whole, and not only through the lens of sector-specific laws
of forest, wildlife, water and pollution.
 Further, there was also a need to check the illegal access to natural resources and also the
'theft' of traditional knowledge based on these resources.
 All of these pointed to the need for comprehensive legislation around the principles of
sovereignty and decentralisation for a more people-based conservation.
 Also, access to India’s biodiversity and/or associated traditional knowledge for research
and commercial utilisation, especially by foreign entities needed legal regulation and
monitoring.
 Brief on Biological Diversity Act

 “Biological Diversity Act 2002” (hereafter referred as BD Act) was passed by the
Lok Sabha on 2nd December, 2002 and by the Rajya Sabha on 11th December
2002.

Some salient features of the act are:

 to regulate access to biological resources of the country with equitable share in

benefits
 arising out of the use of biological resources.
 to conserve and sustainable use of biological diversity.
 to set up National Biodiversity Authority (NBA), State Biodiversity Board (SBB)
and
 Biodiversity Management Committees (BMCs).
 to create National, State and Local Biodiversity Fund and its use for conservation
of biodiversity.
 to respect and protect knowledge of local communities traditional knowledge
related to biodiversity.
 to conserve and develop the areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites.
 Case Study:
Traditional Knowledge of Kani Tribe in
Kerala
 The subject of this case study is the role of intellectual property rights in the
benefit sharing arrangements concerning the “Jeevani” drug, which was
developed by scientists at the Tropical Botanic Garden and Research Institute
(TBGRI), based on the tribal medicinal knowledge of the Kani tribe in Kerala,
South India. “Jeevani” is a restorative, immune-enhancing, anti-stress and anti-
fatigue agent, based on the herbal medicinal plant arogyapaacha, used by the
Kani tribal in their traditional medicine. Within the Kani tribe the customary rights
to transfer and practice certain traditional medicinal knowledge are held by tribal
healers, known as Plathis. The knowledge was divulged by three Kani tribal
members to the Indian scientists who isolated 12 active compounds from
arogyapaacha, developed the drug “Jevaani”, and filed two patent applications on
the drug (and another patent based on the same plant but for different use). The
technology was then licensed to the Arya Vaidya Pharmacy, Ltd., an Indian
pharmaceutical manufacturer pursuing the commercialization of Ayurvedic herbal
formulations. A Trust Fund was established to share the benefits arising from the
commercialization of the TK-based drug “Jevaani”. The operations of the Fund
with the involvement of all relevant stakeholders, as well as the sustainable
harvesting of the arogyapaacha plant, have posed certain problems which offer
lessons on the role of intellectual property rights in benefit-sharing over medicinal
plant genetic resources and traditional medicinal knowledge.
 The need for multi-stakeholder frameworks for discussing the scope of
access, value addition and benefit-sharing was brought to light by this case
study. If the Forest Department has jurisdiction over a territory, then the
Department must be included in the stakeholder discussions while
establishing benefit-sharing mechanisms. Further, the rights of informants
and that of the community need to be distinguished in the benefit-sharing
arrangements. The informants were the first to receive payment from the
amount deposited in the community trust. Actually they should have been
paid from the resources that scientists and research institution (in this case,
TBGRI) received. By not doing so, an avoidable impression was created
among the Kani tribals that the trust was supposed to benefit only a few
community members. The real intention of the scientists was to help the
community to manage resources through their own volition and institutions. It
is important to note that the Trust Fund came into existence only because
patent applications were filed for the value-added processes developed from
local knowledge and licensed to a commercial entrepreneur.
 The fact that scientists did not claim any share from the license fee goes to
prove that their values and motivations, as reflected in the benefit-sharing
arrangements, were focused on equity and the fair sharing of benefits. The
patent applications filed on drugs based on arogyapaacha were all national
process patent applications, none had been granted, and yet licensing of the
technology had already yielded a very good amount, fifty percent of which
was shared with the community. This is an important indicator of the potential
which the effective use of intellectual property rights might have to generate
benefits which can be shared with the communities. As this case illustrates,
the use of intellectual property rights can in some cases help to generate
benefits, even before exclusive rights over the TK-based invention are
granted.
 The scope of benefits to be shared could have been much wider if international
patent applications had been filed under the Patent Cooperation Treaty
administered by WIPO, to protect the formulation in countries other than India;
product patents were available in India for pharmaceutical products, not only
process patents, and trademarks had been registered to protect the distinctive
signs distinguishing this product from those of other undertakings. At the same
time, these intellectual property rights would not have restricted the rights of local
communities. The case highlights the possibility of third party Trademark
protection as done by NutriScience Innovations, LLC, USA which owns Jeevani
Trademark in the United States of America. This in turn would have generated a
much higher share of funds to be shared with the Kani tribe and also to fund
future research.
 The degree of involvement of various tribal settlements and groups could have
been increased. The rights of informants vis-à-vis the communities requires more
discussion among the communities themselves. The role of the Plathis as an
informal association of healers which hold rights to the use of certain traditional
medicinal knowledge was not recognized by the benefit-sharing arrangements in
this case. The Forest Department had not permitted the cultivation and collection
of the arogyapaacha plant. This was so in spite of the fact that the plant could be
easily cultivated and many tribal had actually done so. The tribal informants were
not named as co-inventors in the patent application.
 Conclusion

 With the introduction of the Biological Diversity Act, which curtails availability
of genetic material from India to the rest of the world is bound to influence the
free scientific exchange of valuable research.
 The NBA, whose main objective is equitable sharing of benefits, even after
several years of its establishment, is neither known to have delivered any
benefit to the stakeholders of biodiversity in the country nor have contributed
to the conservation of biodiversity.
 Further, from the case study of Kani tribal, we can easily deduce the
importance of knowledge sharing and joint scientific developments.
Intellectual Property Rights and Patents are vital instruments for securing
economic benefits, which can lead to the sustainable development of the
local community and also towards the sustainability of the bio resource. BD
Act 2002, is counter productive to India’s position on IPRs and Patents Bill.
 India’s position on CBD in Rio de Janeiro in 1992 seems to be based on little
scientific input and can easily turn out to be counter-productive and self-
defeating. As India (every other country too) heavily depends on global
biodiversity for sustenance, we should ideally have argued for open access and
free exchange of genetic resources in Rio de Janeiro. But perhaps the lure for
benefit sharing blinkered us to overlook our high dependency of food industry,
agro sector, and many other sectors on the import of exotic gene plasms.

 The BD Act differentiates between domestic companies and the MNCs, although
the provisions of TRIPS demand that MNCs be treated at par with domestic
companies. The Act may also adversely affect research, because the researchers
from abroad may need approval of NBA and the domestic researchers may need
to register with SSB for using the biological resources for research purposes.
Further, the Act does not seem to have an overall riding effect on the existing
laws on wildlife and forests, and it is not clear which law will prevail, in case of a
dispute. BD Act should make provisions or exemptions in the law for biodiversity
research because the cost and time to get permits is very prohibitive and many
amateur, self-financed researchers might not be able to carry on with their
research. It can be seen that although the Act aimed at important issues, the
fulfilment of the goals can be a problem if the weaknesses pointed out are not
sorted out quickly.
END
 Technology may be defined as a collection of techniques, skills, processes and
methods used in the production of goods and services or used in the accomplishment
of objectives such as scientific investigation.

 Technological advancement in medical and health care has helped in saving many
innocent lives.

 Technological innovation in the healthcare industry continues to provide doctors

with new ways to improve the quality of care provided to patients and improve the
state of health care worldwide.

 Medical science is the science of diagnosing and treating diseases, or preventing

diseases and physical or mental damage. In fact, technology has made a significant
contribution to all aspects of healthcare.
Portable health applications offer more remarkable adaptability to experts,
managers and patients. Some of the areas that medical health apps can assist
with:

 Chronic care management.

 Medication management.
 Diagnostics
 Personal wellbeing records.
 Women's wellbeing .
 Fitness and weight reduction.
 Mental wellbeing.
PG2

• Forensic science is a discipline that applies scientific analysis to the justice system and is often used
to help prove crime. Forensic scientists analyze and interpret evidence found at the crime scene.
• Evidence may include blood, saliva, fiber, tire tracks, drugs, alcohol, and firearm residues.
• A document expert is a specially trained personnel who scientifically analyses handwriting and
various other features in a question. For Example- Document specialists can be transferred to a
crime investigation site or laboratory to check the handwriting of threatening notes, ransom notes or
suicidal notes by comparing various characteristics, such as the appearance of the letter, the order of
suspected documents etc.
• Handwriting analysis played a significant role in the trial of Bruno Richard Hauptmann for the
kidnapping and murder of son and wife of world famous aviator Charles Lindbergh.
Slide 4

PG2 Fig.1
Paridhi Gupta, 15-10-2018
 CHARACTERISTICS OF
HANDWRITING
• Everyone’s handwriting is unique and thus is distinguishable from the other.

• Handwriting experts examine 12 major categories of exemplars.

• These 12 characteristics are functions of letter form, line form and formatting.

• Letter Form

It Includes shape of letters, curve of letters, the angle of letters, the slant of letters, the size
of letters and the use and appearance of connecting lines between the letters
 Line form

Line form includes the smoothness of letters and darkness of the lines on the upward
compared to the downward stroke. Line form is influenced by the speed of writing and
the pressure or force exerted while writing a piece of document. Even the choice of
writing instrument can also influence the line form.

Formatting
Formatting includes the spacing between the letters, the spacing between the
words and lines, the placement of word on a line, and the margins a writer
leaves empty on a page.
 There are three basic steps in the process of handwriting analysis.

 First , the questionable document and the exemplar (the standards) are carefully inspected and
detectable characters are recorded. For the purpose of obtaining a standard, suspected author
may be required to write a sample for the investigation under supervision
 Second, the characteristics of the questioned document are compared with the known standard or
exemplar.
 Third, samples that appear to be similar to the questionable document, there must be a thorough
analysis addressing all the handwriting characteristics in each document and then the experts will
determine which characteristics are valuable for drawing a conclusion about the authenticity and
authorship of the questioned document.
 Professional handwriting analysis experts also have ways of determining whether a person has
tried to disguise his/her handwriting or he/she has tried to copy someone else’s handwriting,
known as conscious writing effort. In order to prevent conscious writing effort, following things
should be done which are as follows:

 A Suspect should not be shown the questioned document.

 A Suspect should never be given any instruction about the punctuations or spellings.

 The pen and paper should be similar to that of the questioned paper.
 Various tools which are used in handwriting analysis are:
1. Biometric Signature Pads
The biometric pad is a new research tool designed for identity
authentication,. They analyse your signature based on your
Speed, pressure and speed signature rhythm.

2. Computerized Analysis
Computerized analysis of handwritten samples has the advantage of being faster and more objective than
personal analysis.

3. Light sources
Analysts can use transmitted light, ultraviolet light and infrared to find different problems. The
transmitted light is provided by a light box with a processing fluorescent bulb. Ultraviolet and infrared
sources provide simple changes in the spectrum, showing different markers and colours. This helps to
highlight subtle changes in ink type, watermark and other chemical differences that are not observed
under white light.
 After handwriting samples are scientifically analysed, the expert handwriting witness
prepares a written report of the analysis and present them before the court.
 Both the defence and the prosecutors asks the handwriting expert questions about the
analysis done by him.

 Then the expert witness demonstrates how document comparisons were made and how they
were used to indicate the suspect’s guilt or innocence.

 The expert witness validates the comparison by showing to the court the examples of
similarities and dissimilarities followed by a final decision of the court.

 In the court, the expert witness must be able to defend his/her findings because the defence
will likely hire their own document examiner in order to corroborate with the findings of the
prosecution’s expert witness.

 The Supreme Court in the case of State of Maharasthra v. Damu in one of his statement
discussed that without examining an expert as a witness, no reliance can be placed upon his
opinion. No hard and fast rule can be laid down on the behalf of the merit of the case.
The testimony of expert witnesses will have a major impact on the outcome of
the trial . If the parties to the dispute in the criminal trial can call their own
expert witnesses, there may be questions about their acceptability as expert
opinions. The modern era urgently needs to adopt new, effective and scientific
techniques to investigate the importance of criminal growth. There is also a
need to reform and upgrade the technical forensic facilities of all forensic
laboratories, which can be used by forensic document experts to resolve
criminal cases that benefit the criminal justice system with greater reliability. At
the same time, forensic professionals adapt to scientific abilities and expand
Forensic science laboratories, use modern tools and techniques to overcome
limitations and strengthen the field of forensic document examinations to meet
future challenges without any delay.
Narcosis is a state of stupor induced by drugs. The use of narcotics as a
therapeutic aid in psychiatry was limited to the use of opium for mental
disorder by the early Egyptians. J.StephenHorsely introduced the term
“Narco‐Analysis” in 1936 for the use of narcotics to induce a trances like
state in which the patient talks freely and intensive psychotherapy may
be applied. Now days psychoanalytical and narcoanalytical tests are
carried out to interpret the behaviour of the suspect, accused person or
the criminals.
The term Narco‐Analysis though a misnomer is becoming very popular
in law enforcement and judicial circle. Abreaction is a method of
psycho‐analysis practiced by psychiatrist, where in a short acting
narcotic drug is administered to the patient to induce a hypnotic stage.
Narco‐Analysis is thus a mode of psychotherapy which is an aid to the
scientific interrogation in reality. It is a process whereby a person is put
to sleep or into semi‐conscious state by means of chemical injection
and then interrogated while in this dream like state.
It is the view of the scientist who conducts the Narco‐Analysis test on
the person who is suspect, that in semi‐conscious state person losses
self control and speak truth.
 Narco Analysis
• The Narco analysis test is also known as Lie Detector Testing or Truth
System Testing. Under this test the person goes into the unconscious state
by passing the serum and speaks whatever is present in their mind.This
high technology forces two professions, which are law and science, to
work together in the array of cases.
• It is easy for the investigating officer to collect the evidences and
information from the crime scene or by other sources but it is difficult to
extract the hidden information. The hidden information is extracted from
the human by the Deception Detection Test (here in after DDT).The Narco
analysis is one of the DDT test, Polygraph, brain mapping are the other
two test of the DDT.But here author deal with the Narcoanalysis test only.
• The drug used for this test is sodium pentothal, higher quantities of which
are routinely used for inducing general anaesthesia in surgical procedures.
This drug is also used in the field of psychiatry since the revelations can
enable the diagnosis of mental disorders. However, we have to decide on
the permissibility of resorting to this technique during a criminal
investigation, despite its' established uses in the medical field. The use of
`truth‐serums' and hypnosis is not a recent development.
• According to Webster Dictionary, “Narco‐
Analysis means psycho analysis in a state
which is similar to sleep and this state is
achieved by use of drugs. These drugs are
known as ‘truth drugs’ or ‘truth serum’.
• It can also be defined as a psychotherapy that
is conducted while the patient is in sleep like
state induced by barbiturates or other drugs,
particularly as a means of releasing repressed
thoughts, feelings or memories
 PROCEDURE TO PERFORM NARCO‐
ANALYSIS TEST
• Narco analysis test is carried out by an expert by inducing a drug.
• The drug depresses central nervous system (CNS) and makes the heart boat slower
and blood pressure also lowers down. When the person’s speech becomes slurred
and he or she behaves in a co‐operative manner and also becomes more talkative
it may pressure that he or she is under full control of the patient.
• The examiner satisfies himself by testing the subject’s eye‐muscles with his fingers.
Needle is left in the vein of the subject as different person need different dosages
of the drug and also for continued narcotic state further administration of drug is
necessary.
• Care is taken that only so much drug is administered which may keep the subject
in semi‐awake state and he does not go in deep sleep rate. In this hypnotic state
the questions are asked and answers are audio and video‐recorded.
• Use of drug removes the conscious block under which hidden information is
stored. When the block is removed the person becomes comfortable, conversant
and facts free to reveal hidden information without any inhibition.
• The drug acts as a catalyst . The following effects occur
under the influence of truth drugs :
• (1) After administration of truth drug suspect’s body
becomes relaxed, his or her features slacken and full of
excitement and few become silly and giggly.
• (2} The drug blocks the impulses that usually pass
through certain nerves and most subjects fall asleep
which emerges later in disoriented semi‐wakefulness.
• (3) Under the influence of truth drugs the suspect, may
be he or she, becomes incapable of telling a lie, and he
or she will necessarily share any information that is
asked of them.
 INTERNATIONAL LAW
• The interrelationship between the `right against self‐ incrimination' and the
`right to fair trial' has been recognised in most jurisdictions as well as
international human rights instruments.
• International Covenant on Civil and Political Rights (ICCPR)
• Article 7 No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be subjected
without his free consent to medical or scientific experimentation.
• Article 14(3)(g) Not to be compelled to testify against himself or to confess
guilt.
• European Convention for the Protection of Human Rights and Fundamental
Freedoms
• Article 6(1) In the determination of his civil rights and obligations or of any
criminal charge against him, everyone is entitled to a fair and public hearing
within a reasonable time by an independent and impartial tribunal established
by law.
• Article 6(2) Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
• Convention Against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment, 1984.
• U.S. Constitution incorporates the `privilege
against self‐incrimination' in the text of its
Fifth Amendment. The meaning and scope of
this privilege has been judicially moulded by
recognising it's interrelationship with other
constitutional rights such as the protection
against `unreasonable search and seizure'
(Fourth amendment) and the guarantee of
`due process of law' (Fourteenth amendment).
 JUDICIAL PRONOUNCEMENT OF
NARCO ANALYSIS TEST
• The narco analysis test was introduced in India in 1936 but it was
first used in 2002 in Godhara Carnage Case. It was in 2004 when
Bombay High Court gave judgement in Ramchandra Ram Reddy Vs.
State of Maharashtra case, people started debating this issue. In
this case main issue was whether use of scientific technology
specially brain mapping and lie detector is violation of Article 20(3)
or not, the Bombay High Court opines that
• “No person accused of any offence shall be compelled to be a
witness against himself”. It provides a privilege against testimonial
compulsion. The apex court made a technical distinction between a
„Statement‟ and a „Testimony‟ and said “What is required to be
made under compulsion by an accused is a statement 2004 All MR
(Cri) 1704.
• In our opinion they do not violate right against self incrimination
given under article 20(3) of Indian constitution.
• In M.P.Sharma Vs. Satish Chandra there was a issue
that Article 20(3) provides right to the person witness
in courtroom and not beyond that and same issue has
been raised by the respondent in the KathikaluOghad
case which apex court clearly observed and held that
since Article 20(3) has words “to be a witness” and not
“to appear as a witness” so the protection is extended
to compelled evidence obtained even outside of
courtroom. The privilege against self‐incrimination
enables the maintenance of human privacy and right to
silence pronounced by the Supreme Court.
• In the case of NandiniSatpathyVs. P.L. Dani Supreme
Court said that “No one can extract statements from
the accused, who has right to silence during the course
of interrogation (investigation)”. It was also claimed
that the right to keep silence is by the virtue of Article
20(3) of the constitution of India and section 161(2) of
Criminal procedure code and same was upheld by the
apex court. In the case of Ram Jawaya Kapoor, Court
clearly said that the executive power can‟t intrude on
constitutional rights and liberty or any other rights of
the person and if it is related with fundamental rights
then must struck down as unconstitutional AIR 1978 SC
1025
• In the case of Dinesh DalmiaVs. State, the Madras High Court while hearing the
case held that the scientific tests such as polygraph, Brain Mapping and narco
analysis conducted on accused to bring out truth would not amount to breaking
his silence by force.
• In the case of Selvi vs State of Karnatka, it was held by the Supreme Court of India
that the results of the test cannot be admitted as an evidence even though
consented by the accused because there is no conscious control is being exercised
by the subject during the course of test but the court left one option that if the
subject consented for the test then any material or information discovered that
can be admitted under section 27 of the Indian Evidence Act, 1872. Further it was
also held that according to section 25 of Evidence Act “Confession made before
any police officer are not admissible as evidence before the court.” Thus the court
is of the view that the statements made by the subject during custody are not
admissible as evidence unless same has to be cross examined or judicially
scrutinized.
• 2006 Crl.L.J. 2401
• AIR 2010 SC 1974
• of Rojo George Vs. Deputy Superintendent of Police, while allowing the narco analysis
test Court is of the opinion that in present day the criminals started to use very
sophisticated and modern techniques for committing the crime. So the conventional
method of investigation and questioning to the criminals will not be successful for
solution and there is need to utilize some new techniques such as polygraph, brain
mapping and narco analysis. Court also said that when such techniques used in the
presence of expert then it can’t be raised that the investigating agencies violated the
fundamental human rights of any citizen of India.

• In the case of SantokbenSharmabhaiJadeja Vs. State of Gujarat the court while

upholding the order for conduction of Narco Analysis test on the accused
SantokbenSharmabhaiJadeja, it was observed that when after exhausting all the
possible alternatives there was no possibility to find out the truth or nab the criminals
and it is found by the prosecuting agency that there is no further headway of
investigation, they are absolutely in dark then it is necessity of such tests. On the basis
of this revelation if investigating agency finds some clues or records, some statement
which helps or assists for further investigation of crime then there will not be any
violation of Article 20(3) of constitution of India. AIR 1953 SC 131
• 2008 Cr.L.J. 3992
• NHRC GUIDELINES ON NARCO‐ANALYSIS TEST
•
• The National Human Rights Commission had published ‘Guidelines for the Administration of
Polygraph Test (Lie Detector Test) on an Accused’ in 2000. These guidelines should be strictly
adhered to and similar safeguards should be adopted for conducting the ‘Narco‐analysis technique’
and the ‘Brain Electrical Activation Profile’ test. The text of these guidelines has been reproduced
below:

• No Lie Detector Tests should be administered except on the basis of consent of the accused. An
option should be given to the accused whether he wishes to avail such test.
• If the accused volunteers for a Lie Detector Test, he should be given access to a lawyer and the
physical, emotional and legal implication of such a test should be explained to him by the police
and his lawyer.
• The consent should be recorded before a Judicial Magistrate.
• During the hearing before the Magistrate, the person alleged to have agreed should be duly
represented by a lawyer.
• At the hearing, the person in question should also be told in clear terms that the statement that is
made shall not be a ‘confessional’ statement to the Magistrate but will have the status of a
statement made to the police.
• The Magistrate shall consider all factors relating to the detention including the length of detention
and the nature of the interrogation.
• The actual recording of the Lie Detector Test shall be done by an independent agency (such as a
hospital) and conducted in the presence of a lawyer.
• A full medical and factual narration of the manner of the information received must be taken on
record.
 TEXT OF SELVI JUDGEMENT
• In light of these conclusions, we hold that no individual should be
forcibly subjected to any of the techniques in question, whether in
the context of investigation in criminal cases or otherwise. Doing so
would amount to an unwarranted intrusion into personal liberty.
However, we do leave room for the voluntary administration of the
impugned techniques in the context of criminal justice, provided
that certain safeguards are in place. Even when the subject has
given consent to undergo any of these tests, the test results by
themselves cannot be admitted as evidence because the subject
does not exercise conscious control over the responses during the
administration of the test. However, any information or material
that is subsequently discovered with the help of voluntary
administered test results can be admitted, in accordance
with Section 27 of the Evidence Act, 1872.
• In the case of DharampalVs. State it was clearly said by the Apex court
that the criminal justice system cannot act properly if the person living in
the society would not be cooperative so it is the duty of every person to
assist the state in bringing criminal justice and detecting the crime. It must
be known that no one can withhold criminal information and escape from
social responsibility by avoiding such information in the name of right to
privacy which itself is not an absolute right.
• State of Gujarat Vs. Anirudh Singh , the Supreme Court of India held that,
it is statutory duty of every witness who has knowledge of commission
crime to assist the state in giving evidence and it seems justified that if a
person is not willing to give information which is necessary for
investigation then adverse impression must be taken against them and no
Article 20(3) has stop to do this. In this way Supreme Court harmonised
between protection given under Constitution and narco analysis.
• MANU/SC/0260/2003
• MANU/SC/0749/1997
 LAW AND EMERGING
TECHNOLOGY
CYBER CRIME UNDER INFORMATION TECHNOLOGY ACT NATIONAL
PERSPECTIVE
 INTRODUCTION

• In the era of cyber world as the usage of computers became more popular, there was
expansion in the growth of technology as well, and the term ‘Cyber’ became more
familiar to the people. The evolution of Information Technology (IT) gave birth to the
cyber space wherein internet provides equal opportunities to all the people to access
any information, data storage, analyse etc. with the use of high technology. Due to
increase in the number of netizens, misuse of technology in the cyberspace was
clutching up which gave birth to cyber crimes at the domestic and international level
as well.
• With the invention of computers, it’s increasing use and human dependency over
Internet, while we have gained manifolds in terms of efficiency and management, it has
also brought to the front many negative effects and disadvantages. The computer
crime or an e-crime can be simply defined as a crime where a computer is the target of
a crime or it is the means adopted to commit a crime. While some of the crimes may be
new, the others are simply different ways to commit conventional crimes such as frauds,
theft, blackmailing, forgery, and embezzlement using the online medium often involving
the use of internet. What accelerates the growth of such crimes are typical
characteristics of cyber space inter-alia anonymity, speed, access, dependency,
borderless space and lack of awareness of laws.
Cyber Crimes Actually Means:

• It could be hackers vandalizing your site, viewing confidential

information, stealing trade secrets or intellectual property with the use of
internet. It can also include ‘denial of services’ and viruses attacks
preventing regular traffic from reaching your site. Cyber crimes are not
limited to outsiders except in case of viruses and with respect to security
related cyber crimes that may usually be done by the employees of
particular company who can easily access the password and data
storage of the company for their benefits.
• Cyber crimes also includes criminal activities done with the use of
computers which further perpetuates crimes i.e. financial crimes, sale of
illegal articles, pornography, online gambling, intellectual property crime,
e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized
access to Computer system, theft of information contained in the
electronic form, e-mail bombing, physically damaging the computer
system etc.
Cyber crimes can be broadly categorized
into four categories namely:

• Crime against government

• Crime against persons
• Crime against property
• Cybercrimes Against Society at large
Cyber Crimes against Persons:
• There are certain offences which affects the personality of individuals can be
defined as:
• Harassment via E-Mails: It is very common type of harassment through
sending letters, attachments of files & folders i.e. via e-mails. At present
harassment is common as usage of social sites i.e. Facebook, Twitter etc.
increasing day by day.
• Cyber-Stalking: It means expressed or implied a physical threat that creates
fear through the use to computer technology such as internet, e-mail,
phones, text messages, webcam, websites or videos.
• Dissemination of Obscene Material: It includes Indecent exposure/
Pornography (basically child pornography), hosting of web site containing
these prohibited materials. These obscene matters may cause harm to the
mind of the adolescent and tend to deprave or corrupt their mind.
• Defamation: It is an act of imputing any person with intent to lower down the
dignity of the person by hacking his mail account and sending some mails
with using vulgar language to unknown persons mail account.
• Hacking: It means unauthorized control/access over computer system and act of
hacking completely destroys the whole data as well as computer programmers.
Hackers usually hacks telecommunication and mobile network.

• Cracking: It is amongst the gravest cyber crimes known till date. It is a dreadful feeling
to know that a stranger has broken into your computer systems without your
knowledge and consent and has tampered with precious confidential data and
information.

• E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its
origin. It shows it’s origin to be different from which actually it originates.

• SMS Spoofing: Spoofing involves faking one's identity, and can be used for various
attacks such as identity theft. Spoofing is a blocking through spam which means the
unwanted uninvited messages. Here a offender steals identity of another in the form of
mobile phone number and sending SMS via internet and receiver gets the SMS from
the mobile phone number of the victim. It is very serious cyber crime against any
individual.

• Phishing is one such use of spoofing that attempts to steal somebody's personal
information or credentials by having them volunteer that information from a nefarious
source that looks legit. For instance, a phishing email may appear to come from your
bank, but the link inside would direct you to a phony version of the bank's website. If
you enter your credentials, they are subsequently turned over to the attacker.
• Carding: It means false ATM cards i.e. Debit and Credit cards used by
criminals for their monetary benefits through withdrawing money from the
victim’s bank account mala-fidely. There is always unauthorized use of
ATM cards in this type of cyber crimes.
• Child Pornography: It involves the use of computer networks to create,
distribute, or access materials that sexually exploit underage children.
Crimes Against Persons Property:

• As there is rapid growth in the international trade where businesses and

consumers are increasingly using computers to create, transmit and to store
information in the electronic form instead of traditional paper documents.
There are certain offences which affects persons property which are as
follows:

• Intellectual Property Crimes: Intellectual property consists of a bundle of

rights. Any unlawful act by which the owner is deprived completely or
partially of his rights is an offence. The common form of IPR violation may be
said to be software piracy, infringement of copyright, trademark, patents,
designs and service mark violation, theft of computer source code, etc.

• Cyber Squatting: It means where two persons claim for the same Domain
Name either by claiming that they had registered the name first or by right of
using it before the other or using something similar to that previously. For
example two similar names i.e. www.yahoo.com and www.yaahoo.com.
• Cyber Vandalism: Vandalism means deliberately destroying or damaging
property of another. Thus cyber vandalism means destroying or damaging
the data when a network service is stopped or disrupted. It may include
within its purview any kind of physical harm done to the computer of any
person. These acts may take the form of the theft of a computer, some part
of a computer or a peripheral attached to the computer.
• Hacking Computer System: Hacktivism attacks those included Famous
Twitter, blogging platform by unauthorized access/control over the
computer. Due to the hacking activity there will be loss of data as well as
computer. Also research especially indicates that those attacks were not
mainly intended for financial gain but to diminish the reputation of particular
person or company.
• Transmitting Virus: Viruses are programs that attach themselves to a
computer or a file and then circulate themselves to other files and to other
computers on a network. They usually affect the data on a computer, either
by altering or deleting it. Worm attacks plays major role in affecting the
computerize system of the individuals.
• Internet Time Thefts: Basically, Internet time theft comes under hacking. It is
the use by an unauthorized person, of the Internet hours paid for by another
person. The person who gets access to someone else’s ISP user ID and
password, either by hacking or by gaining access to it by illegal means, uses
it to access the Internet without the other person’s knowledge. You can
identify time theft if your Internet time has to be recharged often, despite
infrequent usage.
 Cybercrimes Against Government
• There are certain offences done by group of persons intending to threaten the international
governments by using internet facilities. It includes:
• Cyber Terrorism: Cyber terrorism is a major burning issue in the domestic as well as global
concern. The common form of these terrorist attacks on the Internet is by distributed denial of
service attacks, hate websites and hate e-mails, attacks on sensitive computer networks etc.
Cyber terrorism activities endanger the sovereignty and integrity of the nation.
• Cyber Warfare: It refers to politically motivated hacking to conduct sabotage and
espionage. It is a form of information warfare sometimes seen as analogous to conventional
warfare although this analogy is controversial for both its accuracy and its political
motivation.
• Distribution of pirated software: It means distributing pirated software from one computer to
another intending to destroy the data and official records of the government.
• Possession of Unauthorized Information: It is very easy to access any information by the
terrorists with the aid of internet and to possess that information for political, religious, social,
ideological objectives.
 Cybercrimes Against Society at large:
• An unlawful act done with the intention of causing harm to the cyberspace will affect large
number of persons. These offences includes:
• Child Pornography: It involves the use of computer networks to create, distribute, or access
materials that sexually exploit underage children. It also includes activities concerning indecent
exposure and obscenity.
• Cyber Trafficking: It may be trafficking in drugs, human beings, arms weapons etc. which
affects large number of persons. Trafficking in the cyberspace is also a gravest crime.
• Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are
growing today in the cyber space. There are many cases that have come to light are those
pertaining to credit card crimes, contractual crimes, offering jobs, etc.
• Financial Crimes: This type of offence is common as there is rapid growth in the users of
networking sites and phone networking where culprit will try to attack by sending bogus mails
or messages through internet. Ex: Using credit cards by obtaining password illegally.
• Forgery: It means to deceive large number of persons by sending threatening mails as online
business transactions are becoming the habitual need of today’s life style
Conclusion
• Extraction of cybercrime lies in technology and significant infrastructure.
Number of internet users is endlessly increasing and with this
development risk of numerous types of crimes is also augmented.
Cybercrimes are unreliable in its nature due to improvement in
technologies. Regardless of the fact that there is no approved definition
of the cybercrime, cybercrime is inescapable. Few classifications of such
crimes may look like the traditional crimes however many of them are
renowned as unusual kinds of crime and to be handled in a different
way.
• Technology-based crimes have been mounting with the channel of
every day and they need to be solved with utmost precedence. These
crimes never limited to computers but other electronic devices are made
like financial transaction machines, tele-communication equipment’s
etc.
• Due to diversified nature it is hard to identify the cybersecurity problem
which leads to ignorance on security issues. The propagation in
registering the cybercrimes under various sections of IT act and IPC shows
the harshness of such cyber threats however most of the cases were still
unreported because of various reasons. Considering this scenario security
and awareness training model towards public security will be developed
in introduction phase. In next phase explore a tool will be designed with
the completion of multilayer security algorithm.
Law and Emerging
technology
New forensic science
Polygraphy or lie detector

Polygraph (Lie‐Detector) is based on the principle of

psychosomatic interactions of an
individual i.e. psychologically a change in a person's
deliberately held feeling
produces a defense reaction in the form of
physiological changes in his blood
pressure, pulse rate, respiration and electro‐dermal
response(GSR).
Advantages of polygraphy
• • Operational training need less time

• • make available better interpretable data

• • No frequent calibrations as in traditional

Polygraphs due to pen distortion.
 Fingerprints
• All human beings are born with a characteristic set
of ridges on the fingertips.The ridges, which are rich
in sweat pores, form a pattern that remains fixed
for life. Even if the skin is removed, the same
pattern will be evident when the skin regenerates.
Some of the typical patterns found in fingerprints
are arches, loops, and whorls.
• Oils from sweat glands collect on these ridges.
When we touch something, a small amount of the
oils and other materials on the fingers are left on
the surface of the object we touched. The pattern
left by these substances, which collect along the
ridges on our fingers, make up the fingerprints that
police look for at the scene of a crime.
Brain fingerprinting
• Brain Fingerprinting is yet another latest innovative
computer technology to recognize the criminal
accurately and scientifically by measuring brain‐
wave responses to crime‐relevant words or pictures
presented on a computer screen.
• Brain fingerprinting is based on the finding that the
brain generates a unique brain wave pattern when
a person encounters a well‐known use of functional
magnetic resonance imaging in lie detection
derives from the studies suggesting that persons
asked to lie show different patterns of brain activity
than they do when being truthful.
Fingerprinting
• Ballistic fingerprinting is one of the important
branch of Forensic Science. It is another type of
evidence. In ballistic Fingerprinting the distinctive
marking left on ammunition as a result of its use in
a specific weapon.
Binocular for identifying
Dangerous gases
• It is a device, which is known as polychromatic, is
developed to spot and identify gases from two
miles away when attached to binoculars. The
system works by identifying the holographic
signature of gases using infrared light to build up a
3‐dimentional pattern of the composition of the
gas.
Remote personal assessment
• It is a convert technique of forensic Science. It uses
microwaves or lasers to assess the stress on the
person remotely, covertly.
Psycholinguistic profile
• It is a profile of a criminal based upon his written
and spoken words and texts used by the criminal.
Competent Forensic Psychologist can draw a fairly
accurate descriptions of the possible criminal from
the written or spoken (or both) words.
Criminal Profiling
• It is criminal’s profiling based on his action and
behaviour. His acts, behaviour, mannerism and
expressions are used to construct his profile.
Psychological Stress evaluator
• It uses a voice spectrograph to study changes in
vibration in the subsonic sound. Waves under
interrogative stress when the subject tells lie in
answer to the question, to find the truth.
Forensic Acoustics‐ Speaker
identification
Voice analysis is essentially a sound spectrograph
based technique, which is used to compare the
recorded voice of an unknown individual to a known
recorded voice sample of a suspected kidnapper,
extortionist, terrorist, and others who communicate
their intent to commit violent acts.
LAW AND TECHNOLOGY

TOPIC: ORGAN
TRANSPLANTATION
• Organ transplantation is the moving of an organ from one body to another or
from a donor site on the patient's own body, for the purpose of replacing the
recipient's damaged or absent organ. The emerging field of regenerative
medicine is allowing scientists and engineers to create organs to be re-grown
from the patient's own cells. Organs and tissues that are transplanted within
the same person's body are called autografts. Transplants that are performed
between two subjects of the same species are called allografts. Allografts can
either be from a living or from a cadaver.

• Organs that can be transplanted are the heart, kidneys, eyes, liver, lungs,
pancreas, intestine, and thymus. Tissues include bones, tendons (both referred
to as musculoskeletal grafts), cornea, skin, heart valves, and veins. Worldwide,
the kidneys are the most commonly transplanted organs, followed closely by
the liver and then the heart.
• Scientists have long thought about the idea of replacing a diseased organ with a
healthy one from a donor. The problem at first was that the human body is not
particularly receptive to foreign tissue. Immune system sees it as a foreign invader.

• Eventually, scientists realized that the problem of rejection didn't occur when the
organ donor and recipient were identical twins. The genetic similarity appeared to
prevent the immune response.

• Dr. Murray's surgery was a major breakthrough, but it wasn't a solution. After all, very
few people have an identical twin they can rely on for organ donation. In the late
1960s, doctors figured out a way to perform transplants between nonrelatives by
suppressing the recipient's immune response with drugs like cyclosporine.

• By the 1980s, anti-rejection drugs had improved to the point where transplantation
surgery became pretty routine and far less risky than it had been a few decades
earlier. Survival rates rose.
An Act to provide for the regulation of
removal, storage and transplantation of
human organs for therapeutic purposes
and for the prevention of commercial
dealings in human organs and for matters
connected therewith or incidental thereto.
It applies, in the first instance, to the whole
of the States of Goa, Himachal Pradesh
and Maharashtra and to all the Union
territories and it shall also apply to such
other State which adopts this Act by
resolution passed in
that behalf under clause (1) of article 252
of the Constitution.
The Transplantation of Human Organs Act provides for the
regulation of the removal, storage, and transplantation of human
organs for therapeutic purpose and for prevention of Commercial
dealings of human organs.

• Organs that can be transplanted are

– the heart, kidneys, eyes, liver, lungs, pancreas, intestine,
and thymus.
– Tissues include bones, tendons cornea, skin, heart valves, and
veins.
– Worldwide, the kidneys are the most commonly transplanted
organs, followed closely by the liver and then the heart.
•Provides for the regulation of removal, storage, and transplantation
of human organs for therapeutic purposes and for the prevention of
commercial dealings in human organs

• Illegalizes the buying and selling of human organs and makes

cash-for-kidney transactions a criminal offence

• Establishes an institutional structure to authorize and regulate

human organ transplants and to register and regulate, through
regular checks, hospitals that are permitted to perform transplants

• Recognizes, for the first time in India, the concept of brainstem

death, paving the way for a cadaver- based kidney transplant
program
The Act defines two categories of donors.

– First, it permits a near relative, defined as a Patients

spouse, parents, siblings, and children, to donate a
kidney to the patient.

– Secondly, live donors who are not near relatives but

are willing to donate kidneys to the due to attachment or
any other reasons are permitted to do so,

– provided that the transplantations have the approval

of the Authorization Committee, established under
the Act.
The principal matters covered are:

– Authority for the removal of human organ

– Regulation of hospitals

– Registration of hospitals

– Offences and penalties

Section 3
– Any donor may prescribe, authorize the removal, before his
death, of any human organ of his body for therapeutic purposes;

– any donor had, in writing and in the presence of two or more

witnesses unequivocally authorized at any time before his death,
for therapeutic purposes;

– Where no such authority was made by any person before his

death but no objection was also expressed by such person for
therapeutic purposes;

– where brain- stem death of any person, less than eighteen years
of age, occurs and is certified, any of the parents of the deceased
person may give authority for the removal of any human organ
from the body of the deceased person.
•Section 4: Removal of human organs not to be authorized in certain
cases.

• Section 5: Authority for removal of human organs in case of

unclaimed bodies in hospital or prison.

• Section 6: Authority for removal of human organs from bodies sent

for postmortem examination for medico legal or pathological purposes.-
Where the body of a person has been sent for postmortem
examination.

• Section 7: Preservation of human organs

• Section 8: Restrictions on removal and transplantation of human

organs
Section 10: Regulation of hospitals conducting the removal, storage
or transplantation of human organs.-

• Section 11: Prohibition of removal or transplantation of human

organs for any purpose other than therapeutic purposes.

• Section 12: Explaining effects, etc., to donor and recipient.

• Section 13: Appropriate Authority

• Section 14: Registration of hospital engaged in removal, storage or

transplantation of human organs

• Section 16: Suspension or cancellation of registration

• Section 17: Appeals

Ethical Issues
The ethics of transplantation can be expressed in three requirements:
1. Medical integrity: Patients and the public must be able to trust their
doctors not to sacrifice the interest of one to that
of another. Individual may make that sacrifice, but not their doctors.
2. Scientific validity: the basic biology and technology must be
sufficiently assured to offer a probability of beneficial
outcome, case by case.
3. Consent: Consent based upon information adequately presented,
weighted and understood, and unforced.
Unregulated medicine practice
Medical councils and organizations have played a passive role on ethical
issues. They have failed to make their stand public or take action even in
obvious malpractice. Although the press has been publishing explicit
details on rackets in kidney transplantation in various cities no medical
body has thought it fit to even conduct an investigation into them.

Illegal organ trade

India's slums are a gold mine for organ traders, full of poor people
desperate enough to sell their organs. But with a healthy kidney fetching
approximately 30000 rupees, most donors only make enough to pay off
their debts -- and end up even poorer in the long term.
CASE LAW:
Kuldeep singh and anr. Vs. State of tamil nadu and ors.

On 01/09/11 in the court of New Delhi, petition was filed by Mrs. Sadhna Bhardwaj for issuance
of a No Objection Certificate (NOC) for undergoing kidney transplant at Remedy Hospital,
Kolkata. The petitioner aged 52 years, a resident of Delhi is stated to be suffering from End Stage
Renal Disease was advised for kidney transplantation as soon as possible. She further claimed
that one Smt. Kumkum Ganguly wife of Sri Narayan Ganguli R/o District Hooghly has agreed to
donate her kidney to her. Upon the representation of the petitioner against rejection of her request
not meeting with success, the present petition was filed through the son of the petitioner seeking a
mandamus to the respondent to consider the application in accordance with law. On contention of
the counsel for the petitioner that the medical condition of the petitioner is precarious, notice of
the petition of a short date was issued and the counsels have been heard without the respondent
filing a counter affidavit, the opposition of the respondent being purely legal. The respondent has
rejected the request of the petitioner for issuance of a NOC for the reason of: (a) There being no
relationship between the petitioner and the prospective donor and (b) There being no proof of
association linkage between the petitioner and the prospective donor or their families. The
contention of the petitioner was that she had only sought a NOC from the respondent and the
respondent, in the matter of grant of the said NOC was not required to consider the factors
aforesaid and the said factors are required to be considered by the competent authority of the
place of the intended transplant and which in the present case is Kolkata.
 A Sex Determination Test or pre
natal sex determination is the
prenatal testing for discerning
the sex of a fetus before it’s birth.
 These tests are supposed to be
taken by couples who cannot
hold their curiosity.
 Prenatal sex discernment can be performed
by preimplantation genetic diagnosis before
conception, but this method may not always be
classified as prenatal sex discernment because it's
performed even before implantation.
 Cell-free fetal DNA testing, wherein a venipuncture is
performed on the mother to analyze the small amount
of fetal DNA that can be found within it. It provides
the earliest post-implantation test. A meta-analysis
published in 2011 found that such tests are reliable
more than 98% of the time, as long as they are taken
after the seventh week of pregnancy.
 Chorionic villus sampling (CVS)
and amniocentesis are two rather invasive
testing procedures. These may, in principle, be
performed as early as the 8th and the 9th week
of pregnancy. The difficulty of these tests and
the risk of damage to the fetus, potentially
resulting in miscarriage or congenital
abnormalities (especially when done early
during the pregnancy), make them quite rare
during the first trimester. In the United
States, CVS and amniocentesis are most
commonly performed after the 11th and the
15th week of pregnancy.
 Obstetric ultrasonography, either transvaginally
or transabdominally, can check for the sagittal
sign as a marker of fetal sex. It can be performed
between 65 and 69 days from fertilization (week 12
of gestational age), where it gives a result in 90% of
cases - a result that is correct in approximately ¾ of
cases, according to a study from 2001. Accuracy for
males is approximately 50% and for females
almost 100%. When performed later, after 70 days
from fertilization (at week 13 of gestational age), it
gives an accurate result in almost 100% of cases.
During 1980s, in other countries, the Sex
Determination tests were very expensive and
under strict government control, while in India the
SD test could be done for Rs. 70 to Rs. 500 (about
US $6 to $40). Hence, not only upper class but even
working class people could avail themselves of this
facility. A survey of several slums in Bombay
showed that many women had undergone the test
and after learning that the foetus was female, had
an abortion in the 18th or 19th week of pregnancy.
Their argument was that it was better to spend Rs.
200 or even Rs. 800 now than to give birth to a
female baby and spend thousands of rupees for
her marriage when she grew up.
In Delhi, the All India Institute of Medical Science
began conducting a sample survey of amniocentesis in
1974 to find out about foetal genetic conditions and
easily managed to enroll 11000 pregnant women as
volunteers for its research. Main interest of these
volunteers was to know sex of the foetus. Once the
results were out, those women who were told that they
were carrying female fetuses, demanded abortion. This
experience motivated the health minister to ban Sex
Determination tests for sex selection in all government
run hospitals in 1978. Since then, Private sector started
expanding its tentacles in this field so rapidly that by
early eighties Amniocentesis and other sex selection
tests became bread and butter for many gynaecologists.
Prenatal Diagnostic Techniques Act was enacted in 1994 as a result
of pressure created by Forum Against Sex-determination and Sex
–preselection. But it was not implemented. After another decade
of campaigning by women’s rights organisations and public
interest litigation filed by CEHAT, MASUM and Dr. Sabu George,
The Pre-natal Diagnostics Techniques (Regulation and Prevention
of Misuse) Amendment Act, 2002 received the assent of the
President of India on 17-1-2003. The Act provides “for the
prohibition of sex selection, before or after conception, and for
regulation of pre-natal diagnostic techniques for the purposes of
detecting genetic abnormalities or metabolic disorders or sex-
linked disorders and for the prevention of their misuse for sex
determination leading to female foeticide and for matters
connected therewith or incidental thereto”.
The Pre-Natal Diagnostic Techniques (Regulation
and Prevention of Misuse) Amendment Rules,
2003 have activated the implementation machinery
to curb nefarious practices contributing for
MISSING GIRLS. We have a great task in front of
us i.e. to change the mindset of doctors and clients,
to create a socio-cultural milieu that is conducive
for girl child’s survival and monitor the activities
of commercial minded techno-docs thriving on
sexist prejudices. Then only we will be able to halt
the process of declining sex ratio resulting into
deficit of girls/women.
Amniocentesis became popular in the last
twenty-five years though earlier they were
conducted in government hospitals on an
experimental basis. Now, this test is conducted
mainly for SD and thereafter for extermination
of female foetus through induced abortion
carried out in private clinics, private hospitals,
or government hospitals.
This perverse use of modern technology is encouraged and boosted by
money minded private practitioners who are out to make Indian women
“male-child- producing machines.” As per the most conservative estimate
made by a research team in Bombay, sponsored by the Women’s Centre,
based on their survey of six hospitals and clinics; in Bombay alone, 10
women per day underwent the test in 1982. This survey also revealed the
hypocrisy of the ‘non-violent,’ ‘vegetarian,’ ‘anti-abortion’ management
of the city’s reputable Harkisandas Hospital, which conducted antenatal
sex determination tests till the official ban on the test was clamped in 1988
by the Government of Maharashtra. The hospital’s handout declared the
test to be ‘humane and beneficial’. The hospital had outpatient facilities,
which were so overcrowded during 1978-1994 that couples desirous of
the SD test had to book for the test one month in advance. As its Jain
management did not support abortion, the hospital recommended
women to various other hospitals and clinics for abortion and asked them
to bring back the aborted female foetuses for further ‘research’.
This proves out to be a bit of both for the society at
large. People who are willing to know the sex of
their baby just for medical reasons and bear no ill
intentions are welcome to do so. However, in India
sex determination is banned because of the large
number of cases of female foeticide. In Western
Countries, it is legalized as there are rarely any
such cases out there and people get such tests done
just for their own knowledge and for different
medical reasons. Therefore, it is apt to say that the
sex determination tests are both a boon as well as a
bane.
Another important initiative that has been taken is against any
institution or agency whose advertisement or displayed
promotional poster or television serial is suggestive of any
inviting gestures involving/supporting sex determination.
MASUM, Pune made a complain to the Maharashtra State
Women’s Commission against Balaji Telefilms because its top
rated television serial’s episode telecast during February 2002
showed a young couple checking the sex of their unborn baby.
The Commission approached Bombay Municipal Corporation
(BMC) and a First Investigation Report (FIR) was lodged at the
police station. After an uproar created by the Commission, the
Balaji tele-film came forward to salvage the damage by preparing
an ad based on the Commission’s script that conveyed that sex
determination tests for selective abortion of female foetus is a
criminal offence. Now there is another battle brewing. The
women’s groups insist that the ad should be telecast for 3 months
before each episode, while the Balaji Tele-films found it too much.
 The shortcomings of the PNDT Act (2003) lie in criteria set
for establishing a genetic counselling centre, genetic
laboratory and genetic clinic/ultrasound clinic/imaging
centre and person qualified to perform the tests.
• The terms genetic clinic/ultrasound clinic/imaging centre
can’t be used interchangeably. But the Act does.
• Moreover, The amended Act should have categorically
defined persons, laboratories, hospitals, institutions
involved in pre-conception sex-selective techniques such
as artificial reproductive techniques and pre-implantation
genetic diagnosis.
• Who is a qualified medical geneticist? As per the
Act, “ a person who possesses a degree or diploma
or certificate in medical genetics in the field of
PNDT or has minimum 2 years experience after
obtaining any medical qualification under the MCI
Act 1956 or a P.G. in biological sciences”. Many
medical experts feel that a degree or diploma or 2
years experience in medical genetics can’t be made
synonymous.
• As per the Act, an ultrasound machine falls under
the requirement of genetic clinic, while it is widely
used also by the hospitals and nursing homes not
conducting Pre-implantation Genetic Diagnosis
(PGD) and PNDT.
Sex ratios in Europe, North America,
Caribbean, Central Asia, the poorest
region- sub Saharan Africa are
favourable to women as these countries
neither kill/ neglect girls nor do they use
(New Reproductive Technologies) NRTs
for production of sons. Only in the South
Asia the sex ratios are adverse for
women as the following table reveals.
The lowest sex ratio is found in India.
Women per 100 men
 Europe & North America- 105
 Latin America- 100
 Caribbean- 103
 Sub Saharan Africa- 102
 South East Asia- 100
 Central Asia- 104
 South Asia- 95
 China- 944
 India- 93
India has the lowest sex ratio that is 93 women per 100
men.
There is an official admission to the fact that “it is
increasingly becoming a common practice across
the country to determine the sex of the unborn
child or foetus and eliminate it if the foetus is
found to be a female. This practice is referred to as
pre-birth elimination of females (PBEF). PBEF
involves two stages: determination of the sex of the
foetus and induced termination if the foetus is not
of the desired sex. It is believed that one of the
significant contributors to the adverse child sex
ratio in India is the practice of female foetuses.”
We need to counter those who believe that it is better to kill a
female foetus than to give birth to an unwanted female child.
Their logic eliminates the victim of male chauvinism, does not
empower her. The techno-docs don’t challenge anti-women
practices such as dowry rather they believe in promoting and
advertising such inhuman practices. We have a great task in
front of us i.e. to change the mindset of doctors and clients, to
create a socio-cultural milieu that is conducive for girl child’s
survival and monitor the activities of commercial minded
techno-docs thriving on sexist prejudices. Then only we will be
able to halt the process of declining sex ratio resulting into the
phenomenon of missing girls. To stop a gender imbalanced
society we will have to convince doctors and clients, state and
civil society that “Daughters are not for slaughter”.