DNA Technology Regulation Bill

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. The committee recently, in a draft report, pointed out that some of the provisions in the bill could be misused in different ways.

The standing committee pointed out that the DNA profiles can reveal extremely sensitive information of an individual & hence could be misused for caste/community-based profiling. There are criticisms that the DNA profiling bill is a violation of human rights as it could also compromise with the privacy of the individuals. Also, questions are being raised on how the bill plans to safeguard the privacy of DNA profiles stored in the databanks.

Purpose

The primary intended purpose of “The DNA Technology (Use and Application) Regulation Bill, 2019” is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.
The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world.
By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure that with the proposed expanded use of this technology in this country, there is also the assurance that the DNA test results are reliable, and furthermore that the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.

DNA Technology Regulation Bill

The proposed legislation will empower the criminal justice delivery system by enabling the application of DNA evidence, which is considered the gold standard in crime investigations. Establishment of the National and Regional DNA Data Banks, as envisaged in the Bill, will assist in forensic investigations.
The proposed Bill will give fillip to the development of uniform code of practices in all laboratories involved in DNA testing throughout the country .
This will aid in scientific up gradation and streamlining of the DNA testing activities in the country with appropriate inputs from the DNA Regulatory Board which would be set up for the purpose. It is expected that the expanded use of this scientifically driven technology would empower the existing justice delivery system.

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Challenges

The DNA profiles can reveal extremely sensitive information of an individual & hence could be misused for caste/community-based profiling.
DNA profiling bill is a violation of human rights as it could also compromise the privacy of the individuals.
One of the longstanding defects of India’s criminal justice system is the lack of legal aid systems to help both victims and accused, especially those from marginalized sections of society.
Biological Surviallnce
Lack of infrastructure for conducting DNA tests in the country.
DNA database will exacerbate rather than solve problems in the criminal justice system.

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