DNA TECHNOLOGY BILL
WHY IN NEWS ?
- Recently, the government withdrew The DNA Technology (Use and Application) Regulation Bill 2019 from the Lok Sabha, ending a 20-year effort to build a new regulatory framework for the use of DNA fingerprinting technology in the criminal justice system.
ABOUT DNA TECHNOLOGY BILL:
- The DNA Technology (Use and Application) Regulation Bill, 2019 was introduced in Lok Sabha by the Minister for Science and Technology, Mr. Harsh Vardhan, on July 8, 2019.
- The Bill provides for the regulation of use of DNA technology for establishing the identity of certain persons.
- It was referred to the Department-related Parliamentary Standing Committee on Science and Technology.
- The committee submitted its report in February 2021, recommending several changes in the draft.
- But instead of introducing a fresh Bill with changes, the government decided to withdraw it altogether.
- It is also withdrawn by the fact that the main provisions of the Bill have already been enacted as part of another law, the Criminal Procedure (Identification) Act, that was passed by both houses of Parliament last year.
OBJECTIVES OF THE BILL:
- The Bill had three primary objectives.
- First, it sought to set up a DNA profiling board as the regulatory body, one of the functions of which would be to provide accreditation to laboratories authorised to carry out DNA sample tests.
- The Bill also provided for the creation of databases I.e. DNA Data Banks for storing of DNA information collected from convicts and accused.
- This database could be indexed and searched for matching samples from crime scenes.
- Third, it sought to facilitate collection of DNA samples from the convicts and accused.
- The Bill contained extensive provisions detailing the proposed functioning of this new system, and had checks and balances for preventing abuse or misuse.
CHARACTERSTICS OF THE BILL:
Use of DNA Data:
- Under the Bill, DNA testing is allowed only in respect of matters listed in the Schedule to the Bill.
- These include offences under the Indian Penal Code, 1860, and for civil matters such as paternity suits.
- Further, the Schedule includes DNA testing for matters related to establishment of individual identity.
Collection of DNA:
- While preparing a DNA profile, bodily substances of persons may be collected by the investigating authorities. Authorities are required to obtain consent for collection in certain situations.
- For arrested persons, authorities are required to obtain written consent if the offence carries a punishment of up to seven years.
DNA Data Bank:
- The Bill provides for the establishment of a National DNA Data Bank and Regional DNA Data Banks, for every state, or two or more states.
- DNA laboratories are required to share DNA data prepared by them with the National and Regional DNA Data Banks.
DNA Regulatory Board:
- The Bill provides for the establishment of a DNA Regulatory Board, which will supervise the DNA Data Banks and DNA laboratories.
- The Secretary, Department of Biotechnology, will be the ex officio Chairperson of the Board.
- The Board will comprise additional members including: (i) experts in the field of biological sciences, and (ii) Director General of the National Investigation Agency and the Director of the Central Bureau of Investigation.
Offences:
- The Bill specifies penalties for various offences, including: (i) for disclosure of DNA information, or (ii) using DNA sample without authorization.
- For instance, disclosure of DNA information will be punishable with imprisonment of up to three years and fine of up to one lakh rupees.
USE OF BIOTECHNOLOGY IN JUSTICE SYSTEM:
- The use of DNA technology for identification purposes is already prevalent in India.
- In the criminal justice system, DNA fingerprinting is often relied upon, and is considered valid evidence.
- However, in the absence of a regulatory mechanism, the use of this technology was extremely limited.
- DNA profiling can be especially helpful in cold cases or old unsolved crimes.
- It can also help quickly identify repeat offenders, by comparing samples from the crime scene to a DNA database.
- According to the Department of Biotechnology, about 3,000 DNA tests are carried out every year, which represents just about 2-3 per cent of the potential requirement.
- An increase in testing capacity could be extremely important in cases of missing children, about one lakh every year, and identification of unclaimed bodies in disasters and accidents, nearly 40,000 every year.
CONCERNS REGARDING THE BILL:
- The primary objections were on grounds of privacy, utility and possibility of misuse.
- DNA information can be very intrusive, revealing not just identification traits but also many other features that can be liable for misuse.
- Critics pushed for inclusion of as many safeguards into the Bill as was possible.
- Several rounds of discussions, with Members of Parliament, legal experts, law enforcement professionals, activists, and civil society were held. A number of changes were made in the original draft.
- In recent years, apprehensions were raised about the possibility of this law being used for racial profiling.
- It was even argued that the police could not be trusted to seek DNA tests in their investigations. The Parliamentary Standing Committee had objected to the setting up of DNA banks in every state, and suggested that one national DNA bank was sufficient.
WAY FORWARD:
The standing committee’s recommendations should be followed which calls for making the proposed statutory board independent, protecting the privacy of the individuals whose data would be collected, and holding authorities liable for any misuse or leak of this data.
SYLLABUS: MAINS, GS-3, INDIAN POLITY AND GOVERNANCE
SOURCE: INDIAN EXPRESS
