Introduction

Firstly we have to know about entomology and its uses in forensic sciences. It is one of the oldest branches of forensics. There are various categories of forensic entomology but here we will look into the Medico-Legal Aspects of the Forensic Entomology.

Here we will discuss the negligence shown to any child, incapables (old) and animals.

Types of abuses

The main three categories will be discussed hereof abuse/neglect seen are as follows:

·        Child neglect/ Abuse

·        Elderly neglect/Abuse/Nursing home Abuse/ Neglect

·        Animal neglect/ Abuse

Child Abuse

A child can be considered as a person under the age of eighteen. Any emotional harmseserio physical harm or sexual harm or exploitation or death is considered under the Child Abuse.

Child abuse is a very frequent crime in India. For example, In Ireland, a two-year-old male child was admitted to the hospital. He was showing signs of malnourishment and was suffering from severe enteric pain and bleeding. Tissue lacerations were found in the investigative surgical procedures of the child. A partial larva and Speckles from the tissue samples of the child were identified as the cause. Larvae of Dermestes lardaceous were also found in boxes of biscuits in the kitchen at the child’s home in large numbers. This was the reason for the fatal cause of the child. Negligence of the parent was proved.

In the above example, we found the larva and speckles from the tissue samples. It happened due to the insect found in the boxes of biscuits in the kitchen. This shows the negligence of the child in the home. The proper ignorance in the food quality of the child is the main reason for the illness. From a general view, the child was only malnutrition but the arthropods /larva present in the packets of biscuits lead to the real cause of the illness. So in this way entomology is helpful in forensics.

Some symptoms of child abuse/neglect that is usual include:

v Malnutrition,

v Bruises or Abrasions,

v  Healing fractures, and

v Repetitive or cumulative injuries upon examination of skin, soft tissues, and bones.

If any child is found to be a victim of abuse cases, then forensic entomology is utilized in estimating the time since the abuse last happened, and in case of fatal cases, the Post-mortem Interval (PMI) is done. The blowfly larvae and pupae and in some cases maggots are formed then they can produce evidence that may determine the length of neglect of the child.

Section  304A will be charged against the accused which tends to the punishment for “ Causing death by negligence”.

Elder Abuse

Elder abuse relates to the abuses happens with the senior citizens. This type of abuse includes:

v physical force against an old person that causes them physical harm

v Elderly neglect is also not providing for their basic daily needs.

Older widowed women living on fixed incomes are the most rated victims. In this type of case, a typical abuser is usually a family member such as a spouse or a spoiled child. In the case of non-relatives, an abuser is generally nursing home attendants.

The usual symptoms that are visible of elderly abuse is broken bones, bedsores, cuts, bruises, etc. Sometimes the signs are lack of food and water, wearing the same clothes repetitively, weight loss, not bathing regularly, anxiety, withdrawal from social contact, depression, etc.

We can better understand it with an example:-In Germany an elderly woman was found dead in September 2002 in her apartment. Her foot was wrapped in a plastic bag, and the wrapped foot was infected with Luciliasericata larvae commonly known as (Green Bottle Fly). Due to not proper cleaning of her toilet and it was covered by cloth piece, which invited flies to feed upon that. The post mortem interval (PMI) cleared that the death was 2 days ago while maggots were found to be about 4 days old. The report clearly found that the maggots had been feeding on her foot while she was still alive for about a week ago.

In the above scenario we may say that larva of green bottle fly leads to the real cause of death. It is better proven in this, that the old lady was alive and she died due to the insects feeding on her flesh. This also shows the case of negligence that the old lady was not attended by anyone for two days.

Forensic entomologist use insects to determine the post-mortem interval (PMI) and the person were neglected or not. In several cases where neglect was the major factor in a person’s death.

Some  sections are mentioned of Indian Penal Code which prevents the elder abuse:

Section 20 of the Hindu Adoption and Maintenance Act, 1956 seeks an obligatory provision to maintain an aged parent.

Section 125 of Criminal Procedure Code says that the elder parents can claim maintenance from their children.

Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, seeks to make it legal for the children or property holders to maintain their parents or senior citizens of the family.  The children as sons, daughters, grandsons and granddaughters according to the bill.

Animal Abuse

Animal abuse is a type of abuse includes the negligence of animals or pets. Animal abuse is defined as, divest of an animal of food, shelter, socialization, water, or veterinary care even torturing, mutilating, maiming, or killing an animal is also included.

Any injury leads to causes of myiasis in animals, or the presence of excretory material on the skin of the animal leads to living animal inviting insects.

An example which supports the insects are indicators of abuse, a dog was taken to the veterinary doctor with severe edema of the muzzle and several facial fractures of cause. When the case was taken seriously the radiographs indicates that almost 100 pieces of lead buckshot were present in the area of the fracture. We can say that the maggots present there alerted the doctor and helped in saving the case getting worsen.

The maggots found on maxilla of the dog draws the attention of the doctor towards the serious cause.

Some  sections are mentioned of IPC and Cr.P.C which prevents the animal abuse:

Section 11 (i) of Prevention of Cruelty to Animals Act, 1960 says that abandoning an animal, leaving it in a situation that it suffers pain due to starvation or thirst, is a punishable offence.

According to section 11 (1) (h) of The Prevention of Cruelty to Animals Act, 1960  If an owner fails to provide its pet with sufficient food, drink or shelter, he/she shall be liable for a punishable offence.

According to section 98 of the Transport of Animals Rules, 1978, animals should be healthy and in good condition while transporting them.

IPC Sections 428 and 429 says that to kill or maim any animal is a punishable offence.

Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960 claims that Abandoning any animal for any reason can land you in prison for up to three months.

Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978 relates to the conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts.

Conclusion

Forensic entomology is a very vast and expanding field. Increasement in a number of cases leads to the development in researches. Use of insects as indicators of abuse /neglect is not a common occurrence in the current scenario, but sometimes popular culture makes forensic entomology as a strict and useful factor in legal cases.

References:

1.  ” abuse.” Dictionary.com Unabridged (v 1.1). Random House, Inc. 21 Mar. 2008. <Dictionary.com http://dictionary.reference.com/browse/abuse

2. “neglect.” The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. 21 Mar. 2008. <Dictionary.com http://dictionary.reference.com/browse/neglect>.

3. Gennard DE. Forensic Entomology: An Introduction. Wiley & Sons Ltd. 2007;1:13-14.

4.  ^ Sherman RA, Hall MJR, Thomas S. Medicinal Maggots: An Ancient Remedy for Some Contemporary Afflictions. Annu Rev Entomol. 2000;45:55–81.

5.  ^Guerrini VH. Ammonia Toxicity and Alkalosis in Sheep Infested by Luciliacuprina Larvae. Int J Parasitol. 1988;18:79–81.

6.  “Child Abuse Prevention and Treatment Act.” Administration for Children and Families. 10 FEB 2006. U.S. Department of Health and Human Services. 21 Mar 2008 <http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/index.htmArchived 2008-03-30 at the Wayback Machine

7.  Spitz WU. Medicolegal Investigation of Death. 4th ed. Springfield: Charles C Thomas Ltd, 2004; 8:357-363.

8. Benecke, Mark, RüdigerLessig. “Child Neglect and Forensic EntomologyArchived 2011-07-07 at the Wayback Machine.” Forensic Science International 155-9(2001): 120 ff.

9.  Elder Abuse and Neglect. Molly Hofer. 2008. http://www.urbanext.uiuc.edu/elderabuse/signs.html.

10.  https://indiankanoon.org/doc/17630/

11.  https://blog.ipleaders.in/legal-provisions-elders-indian-law/

12.  https://www.thebetterindia.com/46721/humane-society-india-animal-laws-prevention-of-cruelty-act/

Author – Aditi, Intern at Dept. of Forensic Science & Criminal Investigation, Legal Desire & Insights (June 2020)