Delhi High Court Pushes for SOP to Curb Indiscriminate Forensic Lab Referrals

The Delhi High Court has taken a significant step to streamline the use of forensic science laboratories (FSLs) in criminal investigations. Citing the increasing cases of delays and inefficiencies, the court has directed the Delhi government and the Centre to formulate a Standard Operating Procedure (SOP) to avoid unnecessary transfers of any kind of evidence, particularly samples, in postmortem cases to state run FSLs. This is an initiative to work to declog the system, deliver timely justice, and better utilization of restricted forensic resources.

Why is the Problem Important?

Forensic labs in forensics are important to verify and analyze evidence when undertaking a crime investigation. What, however, has raised concern among experts, as well as the courts, is the fact that numerous referrals are made without being medically or legally required. This practice has the following effects:

1. Case backlogs: FSLs are flooded with minor and repetitive cases that do not need sophisticated scientific investigation.
2. Pauperization of justice: Justice suffers as vital evidence languishes in queue, and time-sensitive investigations are held up.
3. Quality risks: The loss of evidence is possible when important biological samples, such as viscera or blood are not analyzed in a timely manner and degrading. 

Observations and Orders of the Court

The division bench led by Chief Justice D.K. Upadhyaya of the Delhi High Court observed that unwarranted and regular referrals are pareging the FSL system, and injuring the criminal justice system. 

The court was disposing a case of a Public Interest Litigation, which was instituted by Dr. Subhash Vijayan who is an expert in the field of forensic medicine, who reported on the way in which, due to the fear of a possible legal examination later, doctors were misdirecting biological samples to avoid future interrogations in cases concerning which there was no suspicion of foul play.

The court also ordered the Delhi government and the Centre to revisit the existing procedure, seek opinion of relevant experts and frame guidelines or SOPs within three months.

Expert Perspectives: Why Indiscriminate Referrals?

• Legal Protection: When there is no suspicion, many doctors still send samples as an insurance against future blame or legal exposure.
• Province of Clear Protocol: There exist no universal guidelines when one should make a referral to FSL services so it is often interpreted at the individual level.
• AIIMS and FSL Reports: A common conclusion based on a sharing of data is that 30-40 percent of the toxicology cases referred to FSLs do not in fact need the services of an advanced laboratory, and put a strain on small laboratory capabilities.

National situation & Lately Modernizations

India now has 7 Central Forensic Science Laboratories (CFSLs) and others are in the development process to cope with the ever-increasing demand. 

The Centre has given the go-ahead to new schemes to up-date laboratories, get staff training, and set up more campuses of NFSU ( National Forensic Sciences University) in order to overcome the dearth of trained personnel and cut down the pendency.

117 labs are now connected to each other via new digital platforms to enable optimized coordination, and DNA analysis and cyber forensics are also going to get special funding in the Nirbhaya scheme.

Delhi-Specific Updates

It is likely that a committee will be formed to assist in drawing the protocols of when biological samples are to be forwarded to undergo a forensic test.

The Delhi High Court took pains to point out that on the one hand such unnecessary referrals merely clog the system but even more seriously, can actively undermine both quality and sustainability of evidence which directly impacts justice on both sides of the victim-accused divide.

What can be Changed? 

• New SOPs: Concise standards of FSL referrals will decrease backlog and accelerate investigation, preserving the quality of evidence.
• Training and Awareness: Increased awareness of updated procedures and the legal ramifications through training medical practitioners will minimize the number of these so-called defensive referrals.
• Modernization: A sustained funding in the forensic facility and digital applications will keep FSLs prepared to deliver justice effectively and correctly.

The order issued by Delhi High Court is one that may change the face of forensic science and justice in India. Once picked up and swiftly executed, the SOPs stand to increase the number of high-value cases addressed by forensic labs, reduce the time required to investigate a case and rebuild faith in the justice system, which is a win-win scenario in the eyes of law enforcement, the courts, and individuals.