Recently, the Indian government decided to withdraw the DNA Technology (Use and Application) Regulation Bill, 2019 from Lok Sabha. The bill, which was initially introduced on July 8, 2019, aimed to regulate the use of DNA technology for establishing the identity of missing persons, victims, offenders, undertrials, and unknown deceased persons. The bill also sought to establish a National DNA Data Bank and Regional DNA Data Banks, along with a DNA Regulatory Board.
Identifying Missing Persons and Criminal Offenders
The primary objective of the DNA Technology Regulation Bill was to harness the potential of DNA technology in the realm of criminal justice. DNA profiling is a powerful tool that can help identify missing persons, link suspects to crime scenes, and establish the guilt or innocence of individuals accused of crimes. By regulating the use of DNA technology, the bill aimed to ensure that its application would be accurate, fair, and transparent.
Establishment of DNA Data Banks
The proposed bill envisioned the establishment of a National DNA Data Bank and Regional DNA Data Banks. Each Data Bank would maintain several indexes, including the crime scene index, suspects’ or undertrials’ index, offenders’ index, missing persons’ index, and unknown deceased persons’ index. This database would serve as a repository of DNA profiles, facilitating cross-referencing and comparison to aid law enforcement agencies in solving crimes and identifying individuals in various situations.
Accreditation by DNA Regulatory Board
A crucial aspect of the bill was the requirement for every DNA laboratory conducting analyses to establish an individual’s identity to be accredited by the DNA Regulatory Board. This accreditation process aimed to maintain the highest standards of accuracy and reliability in DNA testing, reducing the chances of errors and ensuring that the results obtained from these laboratories could be admissible as evidence in a court of law.
Importance of Written Consent
To address privacy concerns, the bill mandated written consent from individuals before collecting their DNA samples for profiling. This provision was critical in protecting individuals’ rights and ensuring that the use of DNA technology would not infringe upon their privacy without their knowledge or approval. However, there was an exception to this consent requirement in cases where the offenses carried a punishment of more than seven years of imprisonment or death.
Balancing Privacy and Justice
The requirement of consent for DNA sample collection struck a delicate balance between upholding individual privacy and advancing criminal justice. By obtaining informed consent, the bill sought to respect personal autonomy and prevent the misuse of DNA data for non-criminal purposes. However, critics argued that the exemption for certain offenses could potentially lead to misuse and should be carefully reevaluated.
Removal of DNA Profiles
Another significant provision of the bill was the procedure for removing DNA profiles from the database. DNA profiles of suspects could be removed based on a police report or court order, while under trials’ profiles could be expunged upon a court order. This safeguard aimed to prevent individuals from being stigmatized or prejudiced based solely on their DNA profiles if they were not convicted of any crime.