Why in News ?

The Parliamentary Standing Committee on Science and Technology, in a draft report, has called the DNA
Technology Regulation Bill premature and DNA Bill can be misused. 

Bill that proposes DNA sampling and profiling of citizens accused of crime or reported missing and storing their unique genetic information for administrative purposes.

It has some alarming provisions that could be misused for caste or community based profiling, a draft report of the Parliamentary Standing Committee on Science and Technology has flagged.

DNA Technology (Use and Application) Regulation Act, 2019

DNA Technology (Use and Application) Regulation Act, 2019 introduced in the light of 

• The Bill provides for the regulation of use of DNA technology for establishing the identity of certain persons.
• Under the Bill, DNA testing is allowed only in respect of matters listed in the Schedule to the Bill include
  • • Offences under the Indian Penal Code, 1860,
    • Civil matters such as paternity suits.
    • Matters related to establishment of individual identity.
• Collection and Consent : 
  • For Accused :
    • Authorities are required to obtain written consent if the offence carries a punishment of up to seven years.
    • If the offence carries more than seven years of imprisonment or death, consent is not required. Further
  • For a victim or relative of a missing person or a minor or disabled person
    • Authorities are required to obtain the written consent of such victim or relative or parent or guardian of the minor or disabled person. 
  • Authorities can approach a Magistrate who may order the taking of bodily substances of such persons.
• Provision of Data Bank : 
  • Bill provides for the establishment of a National DNA Data Bank and Regional DNA Data Banks, for every state, or two or more states.
  • Every Data Bank will be required to maintain
    • Crime scene index
    • Suspects or under trials index
    • An offenders index
    • Missing persons index
    • Unknown deceased persons index
• Removal of the criteria for entry, retention, or removal of the DNA profile will be specified by regulations. 
• Provides for the establishment of a DNA Regulatory Board, which will supervise the DNA Data Banks and DNA
  laboratories.
• The Bill specifies penalties for various offences including :
  • Disclosure of DNA information
  • Using DNA sample without authorisation

Need of an Act

• The potential of wide application in the justice delivery systems both criminal and civil.
• it helps in investigation of crimes through biological evidence, in extreme cases like
  • Semen evidence in rape cases
  • Blood evidence in murder cases
  • Saliva evidence in identification of source of anonymous threat letters.
• Civil cases it helps in investigation relating to victims of disasters and proving the paternity.

Concern over the Act

DNA Bill can be misused in the current form in following context : 

• The pointed out that DNA profiles can reveal extremely sensitive information like
  • Pedigree
  • Skin colour
  • Behaviour,
  • Illness,
  • Health status
  • Susceptibility to diseases.
• Access to such information may leads to the misuse of such data.
• Besides it may cause to target some particular caste/community to criminal activities.
• The consent mentioned in the draft for crimes under 7 years but it can be override by the magistrate. 
• Bill proposes to store DNA profiles of suspects, under trials, victims and their relatives for future investigations, this can be misuse in certain circumstances to manipulate an innocent.
• DNA profiles for civil matters will be stored in the data banks, but without a clear and separate index.
• Supreme Court recognised privacy as a fundamental right under Article 21 and collection of such data and storing violated the privacy. 

Recommendations of the Committee

• Amend the provisions to ensure that if the person has been found innocent his DNA profile must be removed immediately from the data bank.
• Independent scrutiny must be done of the proposals to destroy biological samples and remove DNA profiles from the database.

Similar Legislation in Other Countries

• Since 1988 the system is used all around the world. 
• Nearly 60 countries have enacted similar legislation mostly consist of DNA data of convicted criminals..
• US established such legislation in 1945 itself. 

Way Forward

DNA profiling may cut down crime and bring criminals to justice more quickly. But the DNA Bill can be misused in its current form, probably needs critical revisions before it can become law. The privacy of every person should be protected. Special attention to Data Bank for avoiding the misuse of DNA details. 

Source : The Hindu, PRS

Topic 

GS II : Science and Technology- developments and their applications and effects in everyday life

Today’s Current Affairs Compilation : Current Affairs 25 August 2020