“The DNA Technology (Use and
Application) Regulation Bill - 2019” was passed by the lower house of the
Parliament last week. The Bill has been formulated recognizing the need for
regulation of the use and application of deoxyribonucleic acid
(DNA) technology, for establishing identity of missing persons,
victims, offenders, under trials and unknown deceased persons and strengthen
the justice delivery system of the country. DNA evidence is considered
the gold standard in crime investigations.
The Bill seeks to ensure that the DNA
test results are reliable, and that the data remain protected from misuse or
abuse in terms of the privacy rights of our citizens.
The key components of this Bill include:
- Establishment of a DNA Regulatory Board: Among
the various functions envisaged for the DNA Regulatory Board are included:
advice the Central Government and the State Governments on all issues
relating to establishing of DNA laboratories and DNA Data Banks and grant
accreditation to laboratories and to suspend or revoke such accreditation.
- The Board will also ensure that the
information relating to DNA profiles, DNA samples and any records thereof,
forwarded to, or in custody of, the National DNA Data Bank or the Regional
DNA Data Bank or a DNA laboratory or any other person or authority under
this Act, are secured and kept confidential
- No laboratory shall undertake DNA testing,
analysing or any other procedure to generate data and perform analysis
relating thereto without obtaining accreditation from the Board.
- Establishment of the National DNA Data
Bank and Regional DNA Data Banks or every State, or two or more
States, as it may deem necessary to assist in forensic
investigations.
- All DNA labs are required to share DNA data
prepared and maintained by it with the National DNA Data Bank and the
Regional DNA Data Bank.
- Every DNA Data Bank shall maintain the following
indices for various categories of data, namely:
o a crime scene index
o a suspects' index or
undertrials' index
o an offenders' index
o a missing persons'
index
o unknown deceased
persons' index
- The Bill also provides for sharing of DNA
profiles with foreign Government or international organization.
- There is a provision of penalty for unlawful
access to information in DNA Data Bank and also for destruction,
alterations, contamination or tampering with biological evidence.
(Press Information Bureau,
Ministry of Science & Technology, Jan. 8, 2019)
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of Medical
Associations in Asia and Oceania
(CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA
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