In November 2022, a landmark ruling by the Supreme Court of India about a crime committed four years prior illustrated the critical importance of age determination in legal proceedings. The case involved one of the accused of a brutal gang rape and murder claiming to be a minor at the time of the criminal act. The court decided that the individual should be tried as an adult. A significant aspect of this decision revolved around the utilization of various age determination techniques.
Common Age Determination Techniques
The Ossification Test is a widely used method for age estimation. It involves examining the calcification and fused ends of long bones such as radius, ulna, humerus, tibia, fibula, and femur. These estimations can be affected by diet, heredity, climate, and other factors. Despite these variables, the test can offer a rough estimate of a person’s age with a margin of error of up to two years.
Wisdom Teeth examination is another commonly used technique. The appearance or lack thereof third molars, known as wisdom teeth, can also be used to gauge age. However, this approach can be influenced by many factors including genetics, oral hygiene, and overall health.
The Epigenetic Clock Technique measures the chronological age based on DNA methylation levels but has yet to be employed extensively by Indian forensic scientists. Meanwhile, radiographic techniques like X-rays and CT scans can provide insights into bone maturity and potential signs of disease or degeneration.
Status of Birth Registration in India
Information from the United Nations Children’s Fund (UNICEF) suggests that only 72% of children under five had their births registered in India in 2016. This means that out of the approximately 26 million children born annually, around 10 million are not registered. This data is alarming considering the emphasis placed on birth registration by Sustainable Development Goal 16 and the considerable increase in institutional deliveries in India.
Despite the rise from 40.8% in 2005 to 88.6% in 2019 of institutional deliveries, proving age remains a contested issue in legal trials in India. Not registering a birth, which should be reported by the ‘head of the house’ or respective hospital, can incur a monetary penalty under the Registration of Births and Deaths Act of 1969.
Proposed Amendments and Implications
There is currently a draft amendment proposing to increase the fine for non-compliance with birth registration to Rs. 250 for individuals and Rs. 1,000 for institutions. The goal of this proposed amendment is to encourage more people to register births and deaths rather than to severely punish those who do not comply.
While advancements in medical techniques for estimating age are promising, the emphasis should be on registering every birth with proven hospital or other credible documentation. Such an approach would ensure that courts can rely more on factual evidence about a person’s date of birth rather than estimated ages that can sometimes be inaccurate. This change could make proving age in criminal trials less contentious and ultimately lead to more just outcomes.