Dr KK Aggarwal
The DNA Technology (Use and Application) Regulation Bill,
2019 was re-introduced in Lok Sabha on July 8, 2019. The Bill provides for the
regulation of use of DNA technology for establishing the identity of missing
persons, victims, offenders, under trials and unknown deceased persons.
The primary intended purpose of the new Bill is to
expand the application of DNA-based forensic technologies to support and
strengthen the justice delivery system of the country.
The same Bill had been previously introduced in Lok Sabha
in August 2018, but could not be passed in the Upper House and so had
lapsed. Some key provisions of the Bill are as below:
·
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 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
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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