On DNA Technology bill (Indian Express)

Mains Paper 2 : Polity
Prelims level : DNA Technology bill
Mains level : Important rules, laws and amendments

Context

• The DNA Technology Regulation Bill, which seeks to control the use of DNA technology for establishing the identity of a person, was introduced in the Lok Sabha amid questions being raised by opposition parties on its provisions.
• A similar bill was passed in Lok Sabha in January but it could not be cleared in the Rajya Sabha. The bill had then lapsed with the dissolution of the previous Lok Sabha. The proposed law, which has been in the
  making since at least 2003, is the third attempt by the government to enact a law to regulate the use of DNA technology.
• DNA technology in the country after an earlier version of the Bill had been finalized 45 in 2015 but could not be introduced in parliament. The congress was against the introduction of the bill, raising privacy and
  other concerns.
• The Minister for science and technology Dr. Harsh Vardhan, who introduced the Bill however rejected the concerns raised by the opposition saying there is “no serious substance”.

Salient Features of the bill

• The Bill regulates the use of DNA technology for establishing the identity of persons in respect of matters listed in a Schedule. These include criminal matters (such as offences under the Indian Penal
  Code, 1860), and civil matters such as parentage disputes, emigration or immigration, and transplantation of human organs.
• The Bill establishes a National DNA Data Bank and Regional DNA Data Banks. Every Data Bank will maintain the following indices: (i) crime scene index, (ii) suspects’ or undertrials’ index, (iii) offenders’ index, (iv) missing persons’ index, and (v) unknown deceased persons’ index.
• The Bill establishes a DNA Regulatory Board. Every DNA laboratory that analyses a DNA sample to establish the identity of an individual, has to be accredited by the Board.
• Written consent by individuals is required to collect DNA samples from them. Consent is not required for
  offences with punishment of more than seven years of imprisonment or death.
• The bill provides for the removal of DNA profiles of suspects on filing of a police report or court order, and of undertrials on the basis of a court order. Profiles in the crime scene and missing persons’
  index will be removed on a written request.

Key Issues and Analysis

• The Schedule lists civil matters where DNA profiling can be used. This includes “issues relating to establishment of individual identity.” DNA testing carried out in medical or research laboratories
  can be used to identify an individual. It is unclear if the Bill intends to regulate such laboratories.
• The Bill requires consent of the individual when DNA profiling is used in criminal investigations and identifying missing persons. However, consent requirements have not been specified in case of DNA
  profiling for civil matters.
• DNA laboratories are required to share DNA data with the Data Banks. It is unclear whether DNA profiles for civil matters will also be stored in the Data Banks. Storage of these profiles in the Data Banks may violate the right to privacy.
• DNA laboratories prepare DNA profiles and then share them with DNA Data Banks. The Bill specifies the process by which DNA profiles may be removed from the Data Banks. However, the Bill does not require DNA laboratories to remove DNA profiles. It may be argued that such provisions be included in the Bill and not left to regulations.
• Deoxyribonucleic Acid (DNA) is a set of instructions found in a cell. These instructions are used for the growth and development of an organism. The DNA of a person is unique, and variation in the sequence of DNA can be used to match individuals and identify them. DNA technology, therefore allows for accurate establishment of an individual’s identity.

Criticism

No requirement for DNA laboratories to remove profiles

• The Bill states that DNA profiles stored in different indices will be removed by the Director of the National DNA Data Bank following a written request, a court order
  or filing of a police report Note that DNA profiles are first prepared by laboratories and are then shared with the DNA Data Banks. The Bill does not require DNA laboratories to remove DNA profiles.
• The criteria for removal of profiles from DNA Data Banks and laboratories have been left to regulations. It may be argued that provisions with regard to removal of DNA profiles by DNA laboratories should be specified in the Bill.

No mechanism for grievance redressal for removal of profiles

• The Bill provides that DNA profiles will be removed by the Director of the National DNA Data Bank. However, the Bill does not provide any mechanism for redressal of grievances in cases where the DNA profile is not removed from the data banks by the Director of the National DNA Data Bank.

Written consent for collecting DNA samples on arrest may be inadequate

• If a person is arrested for an offence that carries punishment up to seven years, investigation authorities must take his written consent before taking his DNA sample. However, the Bill does not include safeguards to ensure that the consent is voluntary.
• In some other procedures, such as that of obtaining a confession for a crime, the Code of Criminal Procedure, 1973, provides a safeguard that the statement is made to a Magistrate (not the police).

Collection of DNA samples from photograph or video is unclear

• DNA profiles are prepared from DNA samples collected from individuals. The Bill provides a list of sources for collection of samples for DNA profiling. This includes biological substances such as blood samples, hair, and mouth swab. However, the Bill also lists photographs or video recording of body parts as a source for sample collection. It is unclear how a DNA sample can be collected from a photograph or video recording.

Comparison of fingerprints and DNA profiling

• Currently fingerprinting is used for the purpose of establishing the identity of a person charged with a criminal offence. However, the regulations governing the use of fingerprinting and the provisions related to DNA profiling under the Bill are different. For example, fingerprints can be taken for offences with punishment of rigorous imprisonment of at least one year or more, while there is no minimum threshold of offences for collecting DNA samples.

Way forward

• We need to have a comprehensive route map to build the infrastructure for the use of technology which includes; skilled personnel and Technology Infrastructure, etc.
• Need to pass the law as soon as possible as we are late already in this regard. Nuances of the bill should be taken care of by the evolution of itself in its due course to make it fit to the situations arise.
• Altogether, the discussion panel has suggested the passage of the bill as soon as possible as they believe it as a game changer with respect to socioeconomic conditions in India.
• However, it should be done with utmost care as the privacy of the individual should not be unwarrantedly
  curtailed.

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Prelims Questions:

Q.1) With reference to the International Court of Justice (ICJ) verdict on Kulbhushan Jadhav, consider the following statements:
1. Article 36 para 1(b) of the Vienna Convention on Consular Relations (1963) stipulates that all foreign nationals arrested must be given access to their government or local embassy.
2. It rejected claim that the Vienna Convention doesn’t apply in a ‘spy case’.

A. 1 only
B. 2 only
C. Both
D. None

Answer: C
Mains Questions:
Q.1) What do you mean by DNA technology bill? What are the salient features of this bill?