RACE

An Element of Personal Identification

Submitted to: Dr. Ajay /Ranga

Submitted by: Tanya (18/18)
B.A.LL.B. (Section A)
ACKNOWLEDGEMENT

With a heart full of gratitude, I acknowledge the wisdom of Dr. Ajay Ranga, my Forensic
Science teacher, who provided me with this golden opportunity of working on a project titled,
“Race as an Element in Personal Identification” which opened the doors of great learning
for me. The research I did for this project has taught me a lot of things of great importance for
which I am utterly grateful.

I also express my special thanks to all my friends without whose help it could not have been
possible for me to complete this project in time.

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT.........................................................................................................1
INTRODUCTION......................................................................................................................3
RACE: MEANING & DEFINITION........................................................................................4
THE IMPORTANCE OF RACE ESTIMATION......................................................................4
Search for Missing Persons....................................................................................................4
Precursor to Estimating Other Attributes...............................................................................5
HISTORY OF RACE AND ANCESTRY IN FORENSIC ANTHROPOLOGY.....................5
THE PRACTISE OF RACE ESTIMATION.............................................................................6
Non-Metric Approach............................................................................................................7
Metric Approach....................................................................................................................8
Examination of Skull..........................................................................................................8
RACE IN INDIAN CONTEXT...............................................................................................10
Points for Purposes of Identification of Race......................................................................10
Cephalic Index.....................................................................................................................10
Complexion and Features.....................................................................................................11
Bhowal Sanyasi Case...........................................................................................................11
CONCLUSION........................................................................................................................12
REFERENCES.........................................................................................................................13

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INTRODUCTION

The goal of forensic investigations is to identify a person's personal identification. To do this,

investigators look at bodily characteristics that are particular to the subject and set him apart
from other people. The ultimate objective of a forensic inquiry is personal identification,
which is the matching of a group of remains to a recognised individual. In a medico-legal
death investigation, one of the key objectives is to identify human remains. The medical legal
system and the decedent's family must both benefit from a quick and precise identification.
An exact death certificate must be filed in order to provide benefits, file an accurate death
certificate to start an inquiry in cases of homicide or suspicious deaths, and allow for the
release of the body. A personal identification can give the grieving a feeling of closure. The
necessity for personal identification also arises in situations where the body is severely
decomposed or mutilated in order to disguise the identity of the deceased, such as in
earthquakes, tsunamis, landslides, floods, and man-made disasters like terrorist acts and
bombings.1 It is evident that identifying the deceased is necessary for social and medical-
legal reasons. To determine whether the skeletal remains are human or not is the first step in
gaining personal identification. If the bones are those of a human, the dead can be identified
using a variety of anthropological procedures. Age, sex, size, and ancestry or race make up
the majority of a person's physical identify.

The ancestry or race used to identify a person in forensic investigations is the exclusive
focus of the present project. Ancestry estimation is the most contentious of the biological
profile's elements. In addition to gender, age, and size, people often use appearance to
characterise and identify one another, with race being a common expression. Race is based on
history and culture rather than biological reality and gives significance to physical
characteristics that are shared by many human ethnicities.

Some critics contend that since biological races don't exist, measuring race is useless and is a
practise that goes back to the typology of the 19th century, which perpetuates racial
stereotypes. On the other hand, some experts in the field contend that skeleton biology and
social racial classifications are consistent. Ancestry estimation enhances the chance that
unidentified people may be personally identified.

1
Katharine Cox, Nancy G. Tayles and Hallie R. Buckley, “Forensic Identification of Race” 47 Current
Anthropology 869 (2006).

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RACE: MEANING & DEFINITION

Race is defined as “any one of the groups that humans are often divided into based on
physical traits regarded as common among people of shared ancestry”.2 These physical traits
may be the skin colour, eye shape, face size, nose shape, etc. Black’s Law Dictionary defines
Race as “A tribe, people, or nation, belonging or supposed to belong to the same stock or
lineage.”3 Quoting Roland B. Dixon, “a ‘race’ is not a permanent entity, something static, it
is dynamic and is slowly developing and changing.” Additional definitions consist of “state
of being one of a special people or ethnical stock” and reflecting use of the term in the
general biological literature “a group or assemblage of organisms exhibiting general
similarities but not sufficiently distinct from other forms to constitute a species”.

THE IMPORTANCE OF RACE ESTIMATION

A significant part of forensic anthropological investigation of discovered human remains

includes ancestry evaluation. Ancestry interpretations can assist in focusing the hunt for
missing people and eventually lead to a positive identification when combined with other
biological profile elements. Since this criterion is mentioned on many lists of missing people,
this information may be helpful to authorities engaged in the identification and investigative
process.

Search for Missing Persons

Early forensic anthropologists used their general understanding of human skeleton diversity
in historical and contemporary populations to tell law enforcement about the biological
profile. Even now, when unidentified human remains are discovered, this method is still used.
A biological profile is created by the forensic anthropologist using the same demographic
details as a report on a missing individual, such as ancestry, sex, age, and stature. In order to
locate prospective matches, this information is utilised to scan missing persons databases.
The biological profile is significant since it aids in focusing the search for an unknown
person.4 For instance, a biological profile and any individualising traits are offered to start a
search through missing persons' records when a forensic anthropologist reviews a case for

2
https://www.merriam-webster.com/dictionary/race (last visited on November 14, 2022)
3
https://dictionary.cambridge.org/dictionary/english/race (last visited on November 14, 2022)
4
Natalie R. Langley and MariaTeresa A. Tersigni, Forensic Anthropology: A comprehensive Introduction 164
(CRC Press, New York, 2017)

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law enforcement. When a person disappears, their family files a missing person's report with
details including their age, sex, weight, height, and race. The likelihood that a match will be
found quickly and result in a successful identification increases with the biological profile's
accuracy.5

Precursor to Estimating Other Attributes

Ancestry estimation is crucial not only for direct identification assistance but also as a
necessary step before assessing age, sex, size, and other features. For example, prior ancestry
knowledge can increase the accuracy of a sex assessment. Furthermore, ancestry is mentioned
in missing lists. All identification involves comparison, therefore each of the four factors—
including ancestry—can result in an exclusion. Because other elements of the biological
profile depend on having accurate reference data to compare the unidentified individual,
ancestry estimation is crucial. The relevant reference samples to be utilised for other
biological profile components are likewise informed by the specific biological profile
components.6

HISTORY OF RACE AND ANCESTRY IN FORENSIC ANTHROPOLOGY

The way people think about ancestry has changed over time, and this shift is reflected in the
vocabulary, which has also undergone some alterations. The categorization systems used in
ancestry appraisal through a "dark" period that began in the 18th century with attempts to
describe human variation using typological and frequently racist methods. Humans were
included in the broad binomial categorization system of plants and animals developed by the
Swedish botanist Carolus Linnaeus. Homo sapiens is the genus and species name Linnaeus
assigned to mankind. Additionally, he said it might be possible to identify subdivisions
according on geographic variation. These groups were divided into African, American,
Asian, and European subgroups. The primary criterion for this typology was based on
assumptions about behaviour and skin tone.

Johann Friedrich Blumenbach later expanded Linnaeus' categorization and provided

further specifics on the anatomy of the head. Both Linnaeus and Blumenbach's classification
schemes reflected prevailing beliefs at the time that human variety was largely fixed and

5
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7476619/ (last visited on November 14, 2022)
6
Supra note 4.

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static, as well as a religious viewpoint that there was and could be described a natural order to
human variation.

Scholars found it difficult to integrate the earlier classification methods into a more dynamic,
modern perspective as evolutionary theory developed and was accepted by academics. A
guiding element for development was regional adaptability. More dynamic, realistic
perspectives that acknowledged processes of gene flow and genetic variety within all groups
and locations increasingly replaced the outdated racial paradigm of groupings being static,
pure, and unchanging. Along with gene flow, other factors like as population growth, sexual
selection, generic drift, and dynamic adaptation (by natural selection) have all contributed to
the current variance.

Many anthropologists asserted that the vocabulary and the underlying suggested foundations
had become toxic and subject to exploitation, despite the fact that much of the racial
nomenclature survived, embedded in popular ideas of variation. The prominent T.D. Stewart
claimed that despite racism's horrors, there was still a need to explore and document human
variety and that the term "race" had become problematic since it meant various things to
different individuals.7

Terminology became a significant problem as opinions on the nature of population diversity

changed. In an effort to incorporate then-current science into the taxonomy of human
diversity, Garn employed the nomenclature of geographic, local, and micro races. Others
chose to use the terms ethnic group, breeding population, and/or cline to characterise human
variation instead of the term "race." Based on the degree to which difference depended on
biological characteristics or groupings determined by ethnic or social variables, Lasker
distinguished between "biological race" and "social race."

THE PRACTISE OF RACE ESTIMATION

According to race, people can be broadly classified into the following three groups:8

a) Caucasians or Caucasoid

b) Mongoloids or Mongolians

c) Negro or Negroid

7
Supra note 5.
8
V.P. Singh, Forensic Science 125 (Bharat Law House Pvt. Ltd., New Delhi, 2nd edn., 2022)

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There are two basic methods to take into consideration for ancestry in the anthropological
evaluation of the skeleton: non-metric and metric.

Non-Metric Approach

Two sorts of traits should be taken into account in non-metric approaches: discrete traits that
are recorded as present or absent and morphoscopic traits that evaluate shape. Suture form
and palate shape are two good examples of morphoscopic qualities; among the most well-
known discrete attributes are Wormian bones and the metopic suture. The anterior nasal
spine, nasal aperture, and variation in the lower border of the nose are some of the significant
elements to score. When experts lack a full skull or morphological and/or metric analyses
yield unclear results, the investigation of dental features is also taken into consideration.9

By using a non-metric technique, the race can be identified by looking at aspects such as the
skin tone, eyes, hair, physical characteristics, teeth, skeletal characteristics, etc. The following
table summarises the distinctive traits of several races:10

Features Caucasians Mongolian Negro

Complexion Fair Yellowish Black

Forehead Raised Inclined backwards Small &

Compressed
Skull Round Square Narrow & elongated

Face Small Large & flattered Jaw is projecting

malar bone
prominent
Orbits Triangular Round & Small Square

Nasal Opening Narrow opening Rounded Broad

Nose Sharp Flat Blunt

Palate Triangular Round or horseshoe Rectangular

9
Supra note 5.
10
Supra note 8.

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 shaped
Upper Extremity Normal Small Large in proportion
Forearm larger in
proportion to arm
Lower Extremity Normal Small Leg larger in
proportion to thigh
Feet are wide and
flat

Metric Approach

The metric method is more conventional and has deeper historical roots. Both forensic and
physical anthropology have long used craniometry. Since each cranial measurement is clearly
defined on the basis of similarly well-defined craniometric locations, it has the advantage of
being more objective. Craniometric data serve as an archive of overall craniofacial
morphology and are regarded as complex or quantitative features (polygenic), meaning they
are impacted by a number of genes as well as the environment.

In the metric technique, measurements of an unknown individual are compared to

measurements of people in the database who have known ancestry, i.e., an unknown
individual is compared to those represented in the database. This means that the ancestral
group cannot be located if the geographic region of the subject of the research is not
represented. Unknown people are categorised depending on their overall resemblance. When
sex is estimated without using the skull, the accuracy is improved.

Examination of Skull

Race can also be determined from the cephalic index of the skull.

Cephalic index = (maximum cranial breadth/maximum cranial length) × 100

Three types of skulls can be identified based on the cephalic index:

a) Dolichocephalic (long-headed),
b) Mesocephalic (medium-headed),
c) Brachycephalic skulls (short-headed)

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The following table lists the characteristics that set distinct racial skulls apart:11

S.No. Type of Skull Cephalic Index Race

1. Dolichocephalic 70-74.9 Aryans, Negroes,
Aborigines
2. Mesocephalic 75-79.9 Europeans, Chinese

3. Brachycephalic 80-84.9 Mongolians

11
Supra note 8.

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RACE IN INDIAN CONTEXT

The Indian country is made up of a diverse range of racial kinds and sub-types, from pure-
blooded Aryan invading descendants to members of the indigenous or Dravidian race. There
is a huge population in between that has various amounts of both blood types. The Himalayan
region's inhabitants have a distinct Mongoloid strain on India's eastern and northern borders.
There are numerous other races outside the native ones. The integrity of their Persian
ancestry has been preserved by the Parsees of Western India. A relatively tiny portion of the
population is made up of Europeans, primarily Britons, and a little bigger portion is made up
of people of mixed European and Indian blood lines.

Points for Purposes of Identification of Race

The following details may be taken into consideration when determining a person's race:

a) Clothing choices should be considered because they depend on caste and religion.

b) A body with relatively light skin tone could belong to a North Indian, whilst a body with a
very dark complexion could belong to a South Indian.

c) Europeans have blue or grey eyes, whereas Indians have dark eyes.

d) Indians typically have black hair, but light-colored, red, or brown hair suggests that the
person is European.

a) People with a propensity of chewing on pans have dark brown teeth.

f) Because most people in rural areas wear bare feet, their toes are typically spaced apart.

g) Tattoos and other markings can also be used to identify race.

Cephalic Index

The cephalic index, often known as the index of breadth, is a crucial test for identifying race.
It is calculated by multiplying the maximum transverse skull width by 100 and dividing the
result by the greatest length measured from the front to the rear. Dolichol-cephalic, or long-
headed, skulls are those with a cephalic index between 70 and 74.9; mesati-cephalic, or short-
headed, skulls are those with a cephalic index between 75 and 79.9; and brachy-cephalic, or
short-headed, skulls are those with an index between 80 and 84.9, as seen in the Mongolian
race.

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Complexion and Features

An individual's characteristics might resemble those of his alleged parents or relatives. The
characteristics are malleable; they could change as a result of illness or prolonged use. To
perpetrate crimes, criminals frequently alter their facial expressions and physical traits. As a
result, a person's characteristics such as their eyes, nose, ears, lips, and teeth can be
meticulously observed down to the smallest of details.

Photographs can be used to determine the deceased's identification. Photographs of the face
may be used as a way of identification in paternity disputes.

The skin tone may be shallow or fair dark brown. It provides a hint as to whether the person
is foreign, black, South or North Indian, etc. An individual's features may resemble those of
his parents or other family members. The characteristics may vary significantly as a result of
illness, evaporation, or simply persistent anxiety.

For identification by complexion and feature, it is important to take special notice of the
features of the eyes, nose, ears, lips, chin, and teeth.

Bhowal Sanyasi Case

In this instance, "K," the second son of "R" of the Dacca-based Bhowal Estates, travelled to
Darjeeling in 1909. Biliary colic caused his death. After 12 years, "S" arrived in Dacca and
asserted his claim to a third of the Bhowal Raj Estate by claiming to be "R's" second son. He
claimed that some naga sanyasis discovered him asleep on a burial tyre and awakened him
after administering him arsenic, which caused him to relapse into a coma. He continued to
study with them as a student after that until 1921.

A lawsuit was filed in 1930 in the Court of the Subordinate Judge of Dacca, and "B," who
was married to "K," vigorously disputed it. It was argued that the plaintiff was a forger and a
follower of a Punjab-born Hindu holy man, and that R's second son passed away in
Darjeeling and was properly cremated.

Based on the plaintiff's features, complexion, and the testimony of eyewitnesses, the court
deemed him to be "K," the second son of "R," and granted him the benefit of the doubt. Both
the Privy Council and the Calcutta High Court maintained the verdict.

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The markings and characteristics of "K" in this instance were comparable to those of the
complainant. Similarities between the plaintiff's skin tone, hair, moustache, eyes, lips, ears,
syphilis, and syphilitic sores can be seen.

CONCLUSION

It is thereby concluded that race or ancestry is an important aspect of personal identification

in forensic anthropology. It is not only important as an independent criterion of establishing
the identity of a person but also as an assisting element for other aspects of the personal
identification.

Albeit, there are certain reservations about the establishment of race of a person for, it is
believed by some critics that race is a man-made thing and hence, a myth. But the
significance of ancestry cannot be undermined in forensic investigations. The various
scientific tools and approaches have been developed over the years to establish the race or
ancestry of a person and all of those can simply not be held to be nugatory in establishing the
identity of a person.

Thence, the element of race or ancestry still remains an indispensable factor in the personal
identification of a person in forensic anthropology. More concrete approaches are still being
pondered over by the scientists over the world but the fact that this element has a profound
role to play in forensic anthropology remains undisputed.

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REFERENCES

1. Katharine Cox, Nancy G. Tayles and Hallie R. Buckley, “Forensic Identification of

Race”, Current Anthropology 869 (2006).
2. Natalie R. Langley and MariaTeresa A. Tersigni, Forensic Anthropology: A
comprehensive Introduction, (CRC Press, New York, 2017)
3. V.P. Singh, Forensic Science (Bharat Law House Pvt. Ltd., New Delhi, 2nd edn.,
2022)
4. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7476619/ (last visited on November
14, 2022)
5. https://dictionary.cambridge.org/dictionary/english/race (last visited on November 14,
2022)

6. https://www.merriam-webster.com/dictionary/race (last visited on November 14,

2022)

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