Dr.V V Pillay: Forensic Science Services Bill - 2011

Greetings from Poison Control Centre and PG Dept of Forensic Medicine & Toxicology, AIMS, Cochin!

Regardless of what will eventually be decided by the Ministry of Health with reference to the fate of forensic medicine and toxicology in the undergraduate medical curriculum (through the MCI-BOG), an unexpected ray of light has emerged from the Ministry of Home Affairs (MHA).
A couple of months ago, I was informed by the Directorate of Forensic Science (DFS), New Delhi that I was being nominated as one of the experts in a committee to be constituted for drafting a Bill on Forensic Science Services that would be subsequently submitted for enactment in Parliament as an Act (Forensic Science Services Act 2011). The main objective was to revamp forensic investigations in India, which are in shambles (can anybody dispute that?!), resulting in widespread miscarriages of justice, highlighted in some high profile criminal cases (Aarushi Talwar, Jessica Lall, Abhaya, etc). I was told that the Home Minister Shri P Chidambaram himself was the prime mover, who was greatly perturbed by the ineffective methods of forensic science in the country which not only hampered crime investigation, but also terrorism investigations.
A brief study by the DFS revealed some horrific truths: dilapidated FSLs with poor infrastructure and ill-trained scientific personnel, inadequate number of FSLs in most states tottering under huge backlog of cases, outdated or dysfunctional equipment, lethargy and corruption among investigative agencies, total lack of accountability in reporting results of analysis, non-accreditation of laboratories, etc., etc. The list of horrors was never ending.
The DFS which had been sleeping on all these issues was suddenly woken up and given a dynamic new Director of Plan, who immediately got into action. A committee was constituted comprising mainly senior forensic scientists (I was the only representative from forensic medicine). The first couple of meetings were held at Delhi and Bangalore, and it quickly became apparent to me that forensic medicine was being ignored entirely. The complete focus was on forensic science, and FSLs and other forensic science institutes and establishments were going to benefit greatly by the bill, while forensic medicine was left out in the cold. The whole thing was happening coincidentally at a time when the MCI-BOG came up with its Vision 2015, virtually kicking forensic medicine out of the UG curriculum. It was evolving into a classical case of "Dhobi ka kutta, na ghar ka, na ghat ka!" 
It was then that I suggested at the conclusion of the 2nd meeting that forensic medicine must find a place in the Forensic Science Services Bill. After all, forensic medicine is such a vital component of crime investigation! How can investigation of serious crimes such as assaults, murders, drug smuggling, poisoning, etc., be improved without improving the forensic medical set-up in the country? On my suggestion, the third meeting was exclusively dedicated to a debate by some senior forensic medical experts (mostly representing national organizations) on the modalities of including forensic medicine and toxicology in the proposed bill with a view to improve infrastructure and working conditions in forensic medicine depts and mortuaries across the country. The minutes of that meeting have just been finalised and released by the DFS. The main decisions taken are listed below:
1. Survey to be done on the number and types of medico-legal cases being taken up in the country.
2. No. of Medico-legal Centers (with attached Toxicology Division) required in the country. 
3. The requirement at the district level.
4. The model of organization structure, infrastructure and facilities, etc.
5. Taking forensic medicine out of the ambit of Ministry of Health and placing under the Department of Justice (the same was also suggested by MHA-appointed consultant). There should however be coordination between the two for effective training of doctors in clinical, toxicological and pathological medicolegal work at the undergraduate and postgraduate levels in medical colleges.
6. Establishment of  Medico-legal Centers at the district level.
7. Legalities of facilitating postmortem and other medicolegal work to be undertaken by private medical colleges
8. Co-ordination between forensic medicine experts and investigating agencies
9. Penalty in case of undue delays
10. Qualifications and competence of staff
11. Budget required for improvement of forensic medicine and toxicology services

12. Periodic review of information resources and elimination of outdated resources
13. Need for integration of forensic medicine with forensic science for drafting a good and effective forensic science bill.

As will be clear from the above, this bill which demonstrates the crucial importance of forensic medicine (including toxicology) can be used as a powerful weapon in convincing the Ministry of Health (MoH) and the MCI in not only retaining forensic medicine & toxicology in the UG curriculum in medical education, but to strengthen and enhance its importance.
We need to do two things first and fast:
1. Prepare a document (with drawings) on how a Medico-legal Centre at the district and state-levels should be structured (either attached to a medical college or as a stand-alone facility), with details of infrastructure, equipment and personnel, together with funds required.
2. Convince the DFS (MHA) to impress upon the MoH to increase the emphasis on quality training of doctors in medicolegal work.


Talk of striking two birds with one stone!


To begin with, the document on creating Medico-legal Centres with all details as outlined above, must be prepared at the earliest. Time is short. The iron is hot. We need to strike. Get to work immediately and submit your concept! Age, experience, designation and location of employment are not the most important criteria for submission of well designed concepts (though they do play a role); competence comes first and foremost! Of the plans received, 2 or 3 will be shortlisted and submitted to the DFS. The team (of not more than 3 members) which prepares the best plan and sends it to this very email ID (drawings must be scanned and sent as attachments) will be considered for induction into the committee as consultants. Submissions by individual professionals are also acceptable.

Last date: 08 Feb 2011 (no extensions)


Best regards,

V.V.Pillay MD, DCLChief, Poison Control Centre
Head, Dept of Analytical Toxicology & Forensic Biotechnology
Professor, Forensic Medicine & Medical Toxicology
Amrita Institute of Medical Sciences & Research
Cochin, Kerala  682041
India