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By:

Keshav Humar and Somya Soin

20 October 2024 at 11:26:24 am

India’s Forensic Blind Spot: The Case for Forensic Odontology

It is not just about solving crimes; it is about restoring identity and dignity. AI generated image Imagine the heartache when someone you care about goes missing or is lost in a disaster. The uncertainty of their fate can be unbearable. In these moments, identifying a person is not just a scientific process; it's an act of dignity, compassion, and delivering justice. Interestingly, one of the most dependable tools for this task is found right inside our mouths: our teeth. Forensic...

India’s Forensic Blind Spot: The Case for Forensic Odontology

It is not just about solving crimes; it is about restoring identity and dignity. AI generated image Imagine the heartache when someone you care about goes missing or is lost in a disaster. The uncertainty of their fate can be unbearable. In these moments, identifying a person is not just a scientific process; it's an act of dignity, compassion, and delivering justice. Interestingly, one of the most dependable tools for this task is found right inside our mouths: our teeth. Forensic odontology, or forensic dentistry, involves using teeth and dental records to identify individuals and support criminal investigations. While we typically think of dentists as caregivers for our oral health, forensic odontologists work hand in hand with police, forensic experts, and disaster response teams to establish identities and aid the justice system. Teeth, being the hardest parts of the human body, often withstand fires, explosions, natural disasters and advanced decomposition when other identifiers, like fingerprints or facial features, are destroyed. Just like fingerprints, each person's dental features, such as fillings, crowns, bridges, and even missing teeth, are unique. Sometimes, a simple smiling photograph or an old dental X-ray can be the key to solving the puzzle of someone's identity. Forensic odontology plays a vital role in situations like air crashes, train accidents, building collapses, natural disasters, burnt or badly decomposed bodies, unidentified bodies and criminal cases. For children whose identities are unknown, developing teeth can help estimate their age. While adult teeth can assist in reconstructive identification of unidentified individuals and comparative identification when missing persons’ dental records are available. Scientific identification of bite marks can be crucial in criminal investigations. In cases of severely damaged bodies, DNA from teeth can survive and confirm a person’s identity. Globally, forensic odontology is one of the three primary methods for identifying disaster victims, along with fingerprint analysis and DNA profiling. Countries like the United Kingdom, Australia, Japan, Germany, and the United States have robust forensic odontology services that are integral to their disaster response and law enforcement systems. In India, this field still faces challenges. Although there are trained forensic odontologists, the speciality has not yet been fully woven into disaster management and medico-legal infrastructure. Dental record maintenance is inconsistent, and there are very limited opportunities for specialists in this domain. As disasters and complex investigations become more frequent, these gaps need urgent attention. The significance of forensic odontology has been recognised by the courts as well. The Supreme Court of India acknowledged its importance in the Mukesh & Others v. State (NCT of Delhi) (2017) case, calling it an “important and indispensable science” for legal matters. Properly examined dental evidence was accepted as valuable expert testimony in the administration of justice. Public awareness is important. Everyone can contribute by preserving dental records. Don’t throw away dental prescriptions or treatment summaries. Keep copies of dental X-rays, orthodontic records, and implant details, and store digital copies securely. Inform your family where these records are kept and update them after dental treatments. Something as ordinary as a dental record today could one day help identify you or a loved one with certainty. Remember this simple truth: Your teeth are like a permanent identity card inside your mouth. Every filling, crown, and implant tells a unique story that no one else shares. Forensic odontology isn’t just about solving crimes or identifying disaster victims. It restores identities, provides closure to grieving families, aids in legal and insurance matters, ensures dignified last rites, prevents mistaken identities, and strengthens the pursuit of justice. Official recognition of this speciality, standardised dental record maintenance, and its integration into disaster response systems are no longer optional but essential steps towards building a safer, more humane, and more resilient country. (Dr. Kumar is a former IPS officer and forensic consultant to Assam government. Dr. Somya Soin is forensic odontology professional. Views personal.)

Come and face the law: HC to Vijay Mallya

Mumbai: In a strong sign of judicial impatience, the Bombay High Court asked the absconder liquor baron Vijay Vittal Mallya to ‘come back to India and face the law' instead of challenging it from London, where he is currently living.

 

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad took exception to Mallya’s attempts to question the validity of the Fugitive Economic Offenders Act, 2018 without first submitting to or facing the Indian courts.

 

“You have to come back. If you cannot come back, then we cannot hear this plea,” the court said bluntly, during a hearing of Mallya’s petition challenging the proceedings that have declared him a fugitive economic offender and the constitutional validity of the FEO Act, 2018.

 

The court’s stern remarks followed an earlier order of Dec. 23 when it had directed Mallya to file an affidavit stating when he plans to return to India from the UK.

 

The court had made it clear that his challenge to the FEO Act would not be heard unless he first submitted to the court’s jurisdiction.

 

However, Mallya not only failed to specify his return date but also went ahead with his legal challenge without complying with the court directives.

 

“You are avoiding the process of the court, so you cannot take advantage of the present petition challenging the FEO Act,” said the court to Senior Advocate Amit Desai appearing for Mallya.

 

Representing the Enforcement Directorate (ED), Solicitor-General Tushar Mehta informed the court that Mallya had filed an affidavit claiming the banks were wrong to demand the money (dues) from him and was attempting to turn the case into recovery proceedings.

 

Mehta pointed out that Mallya had challenged the FEO Act, 2018, only after becoming a fugitive and while India was completing his extradition proceedings in London. He submitted that Mallya could come to India and argue everything but he should have faith in the Indian laws to claim equity.

 

“He can come and discuss everything – that ‘I am ready to pay, not ready to pay, not liable to pay’, etc. But he cannot ‘not’ trust the laws of this country and still invoke equity jurisdiction,” said Mehta emphatically.

 

When Desai argued that the nature of the statute permitted a hearing even in the petitioner’s absence, the court reminded him that a specific direction to state (Mallya’s) date of return was already on the record.

 

“In fairness to you, we are not dismissing it. We are giving you another opportunity,” said the bench, posting it for hearing next week.

 

The judges cautioned that if Mallya continued to ignore the court’s earlier order, they would be compelled to pass an order of ‘non-compliance’ if he failed to comply at the next hearing.

 

Time running out?

The once flamboyant and self-proclaimed ‘King of Good Times’ Mallya, 70, slipped out of India in March 2016 following huge debts piling up after the collapse of the Kingfisher Airlines, with a consortium of 17 Indian banks claiming default of over Rs 9000-crore loans.

 

The two-time MP also faced multiple probes from the Income Tax Department, ED, Central Bureau of Investigation and in 2019, he was declared a fugitive economic offender, which he has challenged. However, Mallya has claimed that he has repaid Rs. 14,000-cr. to banks against the loan dues of Rs 6,200-cr.

 

India moved for Mallya’s extradition which was cleared but the process has been stuck in delays.

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