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Union Cabinet clears DNA profiling Bill
Why it is in news?
- The Union Cabinet has cleared a Bill that allows law enforcement agencies to collect DNA samples, create DNA profiles and special databanks for forensic-criminal investigations.
The DNA Technology (Use and Application) Regulation Bill
- The DNA Technology (Use and Application) Regulation Bill, 2018, is the latest version of a Bill that originated as a DNA profiling Bill, framed by the Department of Biotechnology.
- The aim of that draft legislation was to set in place an institutional mechanism to collect and deploy DNA technologies to identify persons based on samples collected from crime scenes or for identifying missing persons.
- The Bill seeks to set up two new institutions — a DNA Profiling Board and a DNA Data Bank.
- The Board, with 11 members, is supposed to be the regulatory authority that will grant accreditation to DNA laboratories and lay down guidelines, standards and procedures for their functioning.
- It will advise central and state governments on all issues relating to DNA laboratories.
- It will also be the authority to make recommendations on ethical and human rights, including privacy, issues related to DNA testing.
- A national databank of DNA profiles is proposed to be set up, along with regional databanks in every state, or one for two or more states, as required.
- All regional DNA databanks will be mandated to share their information with the national databank.
- The databanks will maintain five sets of databases — for DNA samples picked up from crime scenes, for suspects or undertrials, and for offenders, missing persons, and unidentified dead bodies.
- Certain DNA Profiling Board-accredited labs would be authorised to carry out DNA testing and analysis.
- These are
Concerns
- The main issue is whether DNA technology is foolproof, and whether the proposed law adequately addresses the possibility of abuse.
- There are chances, however remote, that a wrong match is generated. If the DNA result is taken as the ultimate evidence, no recourse will be available to an individual who has been wrongly matched.
- More frequently asserted are the privacy-related objections.
- Questions such as whose DNA can be collected and under what circumstances, whether the consent of the individual is required, who can access the database, to what uses the DNA information can be put apart from identifying an individual, and the circumstances under which a record can be deleted, have been raised repeatedly.
- It has been pointed out that information like ancestry or susceptibility to a disease, or other genetic traits, is liable to be misused.
- It has also been argued that DNA tests have not led to an improvement in conviction rates in countries where it is already being followed.
Source
The Hindu