About

• The DNA Technology Regulation Bill was introduced in the Lok Sabha in July 2019. The Bill was then referred to the Parliamentary Standing Committee on Science and Technology.

Objectives

• The Bill seeks to create a regulatory framework for obtaining, storing and testing of DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person. 
• DNA testing is already being used for a variety of purposes, such as criminal investigations, establishment of parentage, and search for missing people. 
• The proposed law seeks to bring in a supervisory structure to oversee these practices, and frame guidelines and rules so that the DNA technology is not misused.
• Nearly 60 countries have enacted similar legislation, with the U.S. bringing in law as far back as 1994.

Need for the Bill

• DNA testing is currently being done on an extremely limited scale in India, with approximately 30-40 DNA experts in 15-18 laboratories undertaking less than 3,000 cases per year, which represent 2-3% of the total need. 
• The Bill will help in identifying unidentified deceased, including disaster victims and apprehend repeat offenders for heinous crimes such as rape and murder. 
• The Bill is urgently required as its applications would be also to enable identification of missing children. As per the National Crime Records Bureau, annually 1,00,000 children go missing. 

Highlights 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.  If the offence carries more than seven years of imprisonment or death, consent is not required.  
• Further, if the person is a victim, or relative of a missing person, or a minor or disabled person, the authorities are required to obtain the written consent of such victim, or relative, or parent or guardian of the minor 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 of such persons.   

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.  
• Every Data Bank will be required to maintain indices for the following categories of data: (i) a crime scene index, (ii) a suspects’ or undertrials’ index, (iii) an offenders’ index, (iv) a missing persons’ index, and (v) an unknown deceased persons’ index.

Removal of DNA profiles

• The Bill states that the criteria for entry, retention, or removal of the DNA profile will be specified by regulations.  
• However, the Bill provides for removal of the DNA profiles of the following persons: (i) of a suspect if a police report is filed or court order given, (ii) of an undertrial if a court order is given, and (iii) on written request, for persons who are not a suspect, offender or undertrial, from the crime scene or missing persons’ index.    

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. 

Functions of the Board

• The functions of the Board include: (i) advising governments on all issues related to establishing DNA laboratories or Data Banks, and (ii) granting accreditation to DNA laboratories.  
• Further, the Board is required to ensure that all information relating to DNA profiles with the Data Banks, laboratories, and other persons are kept confidential.   

DNA laboratories

• Any laboratory undertaking DNA testing is required to obtain accreditation from the Board.  
• The Board may revoke the accreditation for reasons including failure to: (i) undertake DNA testing, or (ii) comply with the conditions attached to the accreditation.  

Offences

• The Bill specifies penalties for various offences, including: (i) for disclosure of DNA information, or (ii) using DNA samples 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.

Critique of the Bill

• The main debate over the proposed law has been around three issues — 
  • whether the DNA technology is foolproof, 
  • whether the provisions adequately address the possibility of abuse of DNA information, and 
  • whether the privacy of the individual is protected.
• DNA information can be extremely revelatory. It can not only establish a person’s identity but also reveal a lot about physical and biological attributes of the person like eye, hair or skin colour, susceptibility to diseases, possible medical history, and possible clues to biological relatives. 
• Critics of the Bill have been claiming that collecting and storing such intrusive information could lead to abuse, besides being violative of a person’s privacy.
• The government, on the other hand, has been arguing that since DNA tests are already happening, and frequently used as the most reliable tool to establish identity, it would be better to have regulatory safeguards so that it is carried out only in prescribed manner and by authorised personnel and institutions. 
• The government has also claimed that very limited information is proposed to be stored in the indices — only 17 sets of numbers out of billions that DNA samples can reveal. These can tell nothing about the individual except to act as a unique identifier, it has said.

Why in News?

• Retired Supreme Court judge Justice Madan Lokur has submitted his observations in a written submission to the Parliamentary Standing Committee on Science and Technology.
• The preamble of the bill says that it aims to provide for “the regulation of use and application of Deoxyribonucleic Acid [DNA] technology for the purposes of establishing the identity of certain categories of persons including the victims, offenders, suspects, undertrials, missing persons and unknown deceased persons.”
• Justice Lokur has questioned the need to collect DNA of a “suspect”. In his submission, he stated that allowing investigating agencies to collect DNA samples from “suspects” will give them “unbridled power that is easily capable of misuse and abuse” and amount to a “threat to the life, liberty, dignity and privacy of a person”.
• He has argued that in a blind crime or a crime involving a large number of persons (such as a riot) everybody is suspect, without any real basis. Which will mean that thousands of persons can be subjected to DNA profiling on a mere suspicion.
• The provisions of the bill can lead to targeting of select groupings, including social, linguistic, religious and other minorities on the ground of being suspects.
• He has also pointed to other clauses of concern, including not creating separate data banks for civil and criminal matters. This will result in a presumption against the person, even though they have not consented to giving their DNA sample for use in the criminal  investigation.

Panel members’ apprehension

• The Parliamentary Standing Committee, headed by senior Congress leader Jairam Ramesh, tabled its report in Parliament.
• Many members of the committee too had expressed concern over including “suspects” in this list, flagging that it could lead to misuse and targeting certain categories of people. 
• In two dissent notes, AIMIM leader Asaduddin Owaisi and CPI leader Binoy Viswam have said the bill will lead to targeting of Muslims, Dalits and Adivasis.

Reference:

1. https://www.thehindu.com/news/national/lokur-raises-queries-over-dna-samples-collection-from-suspects/article33741327.ece