The DNA Technology Bill, 2019, regulates DNA use for identifying individuals, strengthening the justice system while ensuring privacy and data protection.
About The DNA Technology (Use and Application) Regulation Bill, 2019
- The purpose of the DNA Technology (Use and Application) Regulation Bill, 2019 is to establish the regulation of the use of DNA technology in India in the identification of missing persons, victims, and offenders.
- It proposes the establishment of a national data bank and regional databases for the maintenance of such records. It also emphasizes consent for DNA collection and provides situations in which a DNA profile may be removed from the database.
- This legislation is meant to give a boost to the forensic capabilities and simultaneously address privacy and ethical concerns related to DNA profiling.
Features of the DNA Technology (Use and Application) Regulation Bill, 2019
The main features of the DNA Technology (Use and Application) Regulation Bill, 2019 are:
- 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 under trials’ 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. If the accreditation is revoked, an appeal will lie before the central government or any other authority notified by the central government. Further, every DNA laboratory is required to follow standards for quality assurance in collection, storing, and analysis of DNA samples. After depositing the DNA profile for criminal cases, the laboratory is required to return the biological sample to the investigating officer. In all other cases, the sample must be destroyed.
- Offences: The Bill specifies penalties for various offences, including: (i) For disclosure of DNA information, or (ii) Using DNA sample 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.
Advantages of the Bill
The DNA Technology (Use and Application) Regulation Bill, 2019 offers several advantages:
- Enhanced Forensic Capabilities: An attempt is being made through this bill to enhance forensic investigations by way of accuracy and reliability through the setting up of national and regional DNA data banks that may assist law enforcement in efficiently resolving crimes.
- Identification of Missing Persons: It provides a system of framework for identifying missing persons, disaster victims, and unidentified persons for the purpose of granting closure to the families of the departed and assisting in disaster response.
- Streamlined Legal Processes: DNA profiling performed under the bill could speed up legal proceedings, thus making it easier to identify someone and settle matters faster.
Concerns Related with this Bill
The DNA Technology (Use and Application) Regulation Bill, 2019 raises several concerns, including:
- Privacy Issues: The widespread collection and storage of DNA data, a significant privacy concern, are listed. There is a strong apprehension that personal genetic data could be misused, thus producing instances in which unauthorized access occurs and individual rights are potentially infringed upon.
- Informed Consent: While the bill does require consent for DNA sample collection, exceptions are made in cases of serious crimes, raising questions about whether or not individuals may be truly informed of the consequences in the instances in which they do surrenders to DNA provision.
- Data Security: Data breaches pose a threat here. Lacking to paramount security seems a great risk that the information would be revealed or stolen followed by misuse.
- Ethics Issues: There are indeed ethical issues about the use of DNA technology, especially with regard to (possible) discrimination based on genetic information and the plight of marginalized groups.
- Implementation Challenges: An administrative backdrop, an implementation challenge may threaten the potential success of the bill in establishing a viable and comprehensive DNA database that also gathers and certifies all laboratories into the regulatory scheme.
Way Forward
The DNA Technology (Use and Application) Regulation Bill, 2019 involves a vast area of liberty and privacy. It is necessary to strengthen the regulatory oversight, provide for transparency in data handling, and address privacy concerns through suitable safeguards. Public engagement, policy refinement, and training for forensic labs will only enhance the bill’s viability and build trust in its implementation.
Conclusion
The DNA Technology (Use and Application) Regulation Bill, 2019 represents a crucial step toward modernizing forensic investigations in India. With proper regulatory frameworks, privacy safeguards, and public engagement, the bill can enhance criminal justice, disaster management, and identification processes while addressing ethical concerns and ensuring responsible use of DNA technology.
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