DNA Technology Bill 2019: In the Lok Sabha, the DNA Technology (Use And Application) Regulation Bill, 2019 was presented. Also known as the DNA Profiling Bill, aims to examine the use of DNA technology for determining an individual’s identification. Read the article to learn about the DNA Technology Bill 2019 and the reasons why it was withdrawn from the Lok Sabha.
The genetic material of a cell is called DNA (deoxyribonucleic acid), and it carries all of the instructions needed for cells to perform their structural and functional roles. It is a genetically complicated molecule found in nearly every other living thing, including humans. The study and manipulation of genetic material, including DNA cutting and pasting, sequencing, and analysis, is known as DNA technology. With the use of this technology, scientists can now modify DNA to learn more about the biology of living things and to enhance human health. The alarming concerns are that unlawful access to databanks and unauthorized information dissemination are two ways in which technology can be exploited.
James Watson and Francis Crick discovered the molecular structure of DNA for the first time in 1953. As DNA technology advanced over time, British scientist Sir Alec John Jeffrey discovered the DNA profiling technique in 1984. The practice of identifying a person’s unique traits using DNA profiling is most frequently employed in forensic technology to identify a person. In a multicellular organism, almost all of the cells have all of the DNA needed for that organism. All of the biological information required to create and sustain a creature is contained in its DNA. Saliva, hair, blood samples, a little portion of a person’s muscles or tissues, and nail scraping can all be used to extract DNA.
The Minister of Science and Technology, Mr. Harsh Vardhan, introduced the DNA Technology (Use and Application) Regulation Bill, 2019 in the Lok Sabha on July 8, 2019. The government claims that the purpose of the DNA technology bill is to identify those who are missing, victims, criminals, defendants for trial, and deceased individuals whose identities are unknown. A similar law was passed by the Lok Sabha in January 2019, but it was not cleared by the Rajya Sabha because of the opposition’s lack of support, and it expired. An identical bill was already tabled in the Lok Sabha in August 2018 but was never passed.
For the purpose of forensic-criminal investigations, it enables law enforcement organizations to gather DNA samples, produce DNA profiles, and establish specialized databanks. It specifies that no other purpose will be served by the use of any DNA data, including DNA samples, profiles, and records, other than the identification of the individual.
Its goal is to establish a legal framework for the collection, preservation, and analysis of human DNA samples, primarily for use in criminal investigations and identity verification.
The following are the features of the Data Technology Bill:
Use of DNA Data: DNA testing is only permitted under the Bill with regard to the subjects specified in the Schedule. These cover offences of the Indian Penal Code, 1860 as well as civil cases like paternity claims. Additionally, DNA testing is covered by the Schedule in cases pertaining to establishing an individual’s identification.
Collection of DNA: In some circumstances, authorities must get consent before collecting data. If the offence involves a maximum seven-year sentence, officials must get a written agreement before making an arrest. Consent is not necessary if the offence carries a sentence of more than seven years in jail or death.
Furthermore, the authorities must get the written approval of the victim, relative, parent, or guardian of the minor or handicapped person, if the person is a victim, a missing person, or a child or disabled person. If consent is not given in these cases, the authorities can approach a Magistrate who may order the taking of bodily substances from such persons.
DNA Data Bank: A National DNA Data Bank and Regional DNA Data Banks are to be established for each state, or for two or more states, according to the Bill. DNA data prepared by DNA laboratories must be shared with the National and Regional DNA Data Banks. The following data types will need to have indices kept up-to-date in every data bank: (i) crime scene; (ii) suspects or undertrials; (iii) offenders; (iv) missing persons; and (v) unknown deceased persons.
Removal of DNA profiles: The Bill specifies that rules will determine the requirements for adding, keeping, or removing the DNA profile. The Bill allows the following individuals’ DNA profiles to be removed from the crime scene or missing persons’ database upon written request: (i) if a police report is made or a court order is granted; (ii) if a court order is granted; and (iii) of an undertrial.
DNA Regulatory Board: The proposed legislation calls for the creation of a DNA Regulatory Board, which will oversee DNA labs and data banks. The ex officio chairman of the board shall be the secretary of the Department of Biotechnology. The Board will also include the following additional members: (i) biological scientific specialists; and (ii) the directors of the Central Bureau of Investigation and the National Investigation Agency.
Functions of the Board: The Board’s responsibilities encompass providing governments with guidance on matters pertaining to the establishment of DNA laboratories or Data Banks, as well as accrediting DNA laboratories. Furthermore, the Board must guarantee the confidentiality of all information pertaining to DNA profiles with labs, Data Banks, and other parties.
DNA Laboratories: Board accreditation is necessary for any laboratory that does DNA testing. The Board has the authority to withdraw accreditation for many reasons, such as: (i) not participating in DNA testing; or (ii) not adhering to the accreditation’s requirements. An appeal may be filed with the central government or any other entity it notifies in the event that the accreditation is revoked. In addition, all DNA laboratories must adhere to quality assurance requirements when gathering, storing, and analyzing DNA samples. The lab must give the biological sample back to the investigating officer after depositing the DNA profile in criminal situations. The sample has to be disposed of in all other circumstances.
Offences: The Bill lays out punishments for a number of offences, such as using a DNA sample without permission or disclosing DNA information. For example, revealing DNA information could result in a punishment of up to one lakh rupees and three years in prison.
The Criminal Procedure (Identification) Act, 2022 is an act that contains some provisions identical to those proposed in the DNA Technology Bill, 2019 bill. The Criminal Procedure (Identification) Act, 2022 gives police and prison officials the authority to get identifying information from prisoners or anyone who have been detained for a crime. This Act contains the guidelines for gathering, storing, accessing, and exchanging DNA data that were contained in the DNA Bill. The Identification of Prisoners Act of 1920, a law from the colonial era that gave police the authority to measure individuals who had been found guilty, was in custody or were awaiting trial, was repealed.
The DNA Technology Bill 2019 was withdrawn from the Lok Sabha on 24th July, 2023 Monday.
The Criminal Procedure (Identification) Act, 2022 is an act that contains some provisions identical to those proposed in the DNA Technology Bill, 2019 bill.
Its goal is to establish a legal framework for the collection, preservation, and analysis of human DNA samples, primarily for use in criminal investigations and identity verification.
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