Lect 1

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National Judicial Academy July 8, 2005

Law and Medicine: Issues and Challenges

Seyed E. Hasnain Director

CDFD

“(DNA technology) The most awesome and powerful tool acquired by man since the splitting of atoms” - The Time Magazine (USA)

The single cell transforms itself in nine months to become a child with three trillion cells

CDFD

CDFD

Watson and Crick, May 1953 From Olby, The Path to the Double Helix, 1974

50 years later…...

Molecular Biology Overview Cell

Nucleus Chromosome

Protein

Gene (mRNA), single strand

Gene (DNA) Graphics courtesy of the National Human Genome Research Institute

CDFD

The Central Dogma of life Translation

DNA makes RNA makes Protein Transcription

•DNA as gene •The concept of ‘junk’ DNA

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Fruits of the gene revolution •Recombinant DNATechnology/ Transgenics/ GMOs and GM Food •Molecular Diagnostics and Genetic Medicine •Stem cells •Cloning •DNA Fingerprinting or Genomic profiling

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Recombinant DNA Technology

Genetic Engineering of Microorganisms

GMO

Ananda Chakraborty and US patent

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Industrial applications of Genetic engineering Microbial systems • • • • • • • •

Transgenic animals

GMOs for Food and Dairy sector • Biopharmaceuticals GMOs for environmental processing • Human proteins and Recombinant therapeutics humanised organs Recombinant enzymes • Heterologous proteins of medical Therapeutic Biomolecules and surgical importance Recombinant vaccines • Animal models of cancer, allergy Proteins, Neutraceuticals and ageing Cosmetic products

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Anticipated Benefits of the human genome • improved diagnosis of disease and intervention - PCG example • earlier detection of genetic predispositions to disease • rational drug design • gene therapy • pharmacogenomics or "custom drugs”: SNP Profiling

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Who’s DNA is it anyway? Caucasian, Oriental, African….

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The New Era of Stem Cell Research and Tissue Engineering

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CLONING PROCEDURE

Clone CDFD

AFTER DOLLY...

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DNA FINGERPRINTING or GENOME PROFILING DNA Fingerprinting is a laboratory technique in which the banding patterns of DNA fragments are compared for 1. Paternity and Maternity

2. Criminal Identification and Forensics 3. Personal Identification

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D1: BIOLOGICAL DAUGHTER D2: STEP DAUGHTER

S1: BIOLOGICAL SON S2: ADOPTED SON

DNA is the molecule of choice for forensic identification for the following four reasons 1. Discrimination No two people except identical twins (monozygotic) will share the same genetic blueprint. Identical twins are essentially clones. 2. Genetic Continuity Different biological sources of DNA found at the crime scene will share the identical pattern if they originate from the same person regardless of the biological origin 3. Sensitivity A few drops of blood, a buccal swab or a small semen stain will generally contain ample amounts of DNA for forensic analysis. 4. Stability extremely stable molecule capable of withstanding environmental insults both natural and manmade.

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1

2

3

4

Case of the lost child Paternity disputes

A case of inclusion 1. Mother 2 Biological child 3. Lost in the “Mela” 4. Father

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Gang rape Inclusion 1. Vaginal Swab of the Victim 2. Blood of first accused 3. Blood of second Accused

1

2

3

Locus

Blood stain recovered from revolver

Blood stain recovered from seat cover

D8S1179

15

17

15

17

D21S11

28

29

28

29

D18S51

17

17

17

17

D3S1358

15

16

15

16

vWA

14

19

14

19

FGA

20

23

20

23

D5S818

11

13

11

13

D13S317

10

11

10

11

D7S820

8

10

8

10

X

Y

X

Y

Amelogenin (Gender Marker)

One army officer was suspected to be involved In a murder case . Blood stain of the victim was recovered from the barrel of his revolver due to splashing of blood at the time when the deceased was shot

DNA on weapon

Mother is a mother is a fact, father is a father is a belief

1

2 3

Maternity is also questioned!! Two mothers claiming parenthood for a single child!!

1. Biological Mother 2. Disputed Child 3. Suspected Mother

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CENTRE FOR DNA FINGERPRINTING AND DIAGNOSTICS TABLE-I GENOTYPE ANALYSIS FOR ESTABLISHING PATERNITY USING MICROSATELLITES i) D18S51 ii) D7S820 iii) FGA iv) D13S317 v) D21S11 vi) vWA vii) D5S818 viii) D8S1179 ix) D3S1358 and x) Amelogenin Locus

5259 Exhibit A (suspected Mother) Allele data

5260 Exhibit B (newly born baby) Allele data

5261 Exhibit C (suspected Father) Allele data

D18S51

13

16

13

13

13

14

D7S820

12

12

11

12

10

11

FGA

20

23.2

20

23

23

24.2

D13S317

12

12

11

12

10

11

D21S11

31.2

32.2

28

31.2

28

28

vWA

17

17

17

18

16

18

D5S818

12

13

13

13

11

13

D8S1179

13

15

13

15

13

15

D3S1358

15

16

15

18

17

18

Amelogenin

X

X

X

X

X

Y

Sample No.5259 (Suspected Mother): Sample No.5260 (Newly born Child): Sample No.5261 (suspected Father):

Allele data of the source of exhibit A (Smt Rekha Devi) Allele data of the source of exhibit B (newly borned child) Allele data of the source of exhibit C (Mr Shri Jitendra Kumar)

The alleles of the sources of the exhibit B are accounted for being present in the sources of exhibits A and C.

DNA Fingerprinting Criminal Identification and Forensics: cases of sexual abuse, murders, robbery etc (Madhumita murder case) Personal Identification: mass disaster and mass fatality incidents (Attack on World Trade Centre / The Kashmir issue: distinguishing civilians from terrorists)

In Civil Cases : The Basmati rice dispute

Non human DNA testing: The black buck case

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DNA Technology: Not only justice but justice in time

Use of DNA in criminal investigations can drastically reduce the time consumed in judgement delivery

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What every Law Enforcement Officer should know about DNA Evidence? What is DNA? DNA, or deoxyribonucleic acid, is the fundamental building block for an individual's entire genetic makeup. It is a component of virtually every cell in the human body.

Identifying DNA Evidence Some common items of evidence, the possible location of the DNA on the evidence, and the biological source containing the cells should be known.

Evidence Collection and Preservation Every officer should be aware of important issues involved in the identification, collection, transportation, and storage of DNA evidence. Given the sensitive nature of DNA evidence, officers should always contact their laboratory personnel or evidence collection technicians when collection questions arise.

Database of DNA profiles Just as fingerprints found at a crime scene can be run through in search of a suspect or link to another crime scene, DNA profiles from a crime scene can be entered into the database. Therefore, law enforcement officers have the ability to identify possible suspects when no prior suspect existed.

The Future of Law Enforcement The new development of DNA profiling, is poised to become a routine law enforcement tool Perhaps the most thorny issue with DNA profiling is how the DNA database will be collected and used.

Preparedness? ?

Disaster victim identification cell soon at CDFD Compensation || Insurance issues

Non coding regions in the genome provide vital clues on natural history and lineage tracking

Molecular anthropology - Tracing genetic footprints

Gene Revolution and the Law

CDFD

DNA and the Law

* DNA and Crime prevention

- DNA can not lie, nor can it turn hostile! - Statutes of limitations and principles of finality in criminal law - DNA databases of accused and convicts - Infringement of human rights of criminals and their families - Paternity / maternity disputes (right of the child etc.) CDFD

* DNA and Human Health

DNA and the Law

- All the diseases have genetic basis - Predictive medicine - Privacy of information (Insurance and Employment angles)

- Doctor - patient relationship - Cloning (in vitro fertilization, surrogate motherhood, question of ownership)

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DNA technology: Are we taking the human element out of it? Questions regarding GENES and PRIVACY ? What if your blood sample for medical check-up is used for research or other purposes without being informed? ? Genetic testing: what if it cause unnecessary stress and unwelcome changes in personal relationships ? Should genetic testing be carried out where there is no treatment available…as in albinism and dwarfism? ? What do you think about the following cases? - genetic testing for insurance - genetic testing for new employees - genetic databanks for forensic use - genetic databanks for institutionalized children ? Would it cause social biasness: what if people with ‘aggression genes’, ‘cancer genes’ or ‘mood-swing genes’ are considered the Bad Seeds!

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Moral status of the organism created by cloning ƒ When does human life begin? - Conceptional or developmental view • When does ‘personhood’ begin? - Fertilization - Biological complex, neural development and sentience of the entity

• ‘Potentially human’ -Womb vs. petri-dish -Respecting the potential: to become human vs. to be beneficial for the mankind • Instrumentalization of human life CDFD

* DNA and food

DNA and the Law

- GMO and GM foods - Labeling of foods - Right to information or unnecessary discrimination - Environment and health impact - Economically and nutritionally deprived - Economically and nutritionally deprived strata vis a vis affluent (more vocal segment of the society) CDFD

* DNA and IPR

DNA and the Law

- Genetic knowledge - who owns it? Donor? The laboratory banking it? The lab using it? Industry making a product out of it?

- What about genes with no known functions? - Can we ignore the impact of genetic cross- talks - Identify players

CDFD

* DNA and social values

DNA and the Law

- New social value system - Science, philosophy and society - Challenging the accepted norms

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We have recently advanced our knowledge of genetics to the point where we can manipulate life in a way never intended by nature. We must proceed with the utmost caution in the application of this new found knowledge. LUTHER BURBANK

Time for legal system and science to work together

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DNA and the Law

n o y g o l o i m b e t w s e y n s f y o r t e c v i a l p e d m I e c i t s ju

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...The Hyderabad Declaration DNA Profiling Bill 2005 National Human Genetics Commission

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While science in itself is often regarded as being neutral, the application and products of research may not be…

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The gene revolution is forcing judges to deal with science in a way they never had to before Questions about the legal relationship between an egg donor, her husband, person being cloned, a surrogate mother and the resulting Child, legal rights , privileges and immunities a cloned child could claim in a jurisdiction that bans human reproductive cloning .

“It is humbling for me and awe-inspiring to realize that we have caught the first glimpse of our own instruction book, previously known only to God” - Francis Collins, NHGRI

CDFD

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