DNA Bill, 2019

• 01 Nov 2019

Why in News?

Recently, the scope for violations of privacy in the proposed DNA data bank was discussed by a parliamentary panel on the contentious DNA Technology (Use and Application) Regulation Bill, 2019.

Key Highlights

• The Bill provides for the establishment of a National DNA Data Bank and Regional DNA Data Banks for states.
  
  • DNA laboratories are required to share DNA data with the National and Regional DNA Data Banks.
  • Every Data Bank will be required to maintain indices for the following categories of data-
    
    • a crime scene index
    • a suspects’ or undertrials’ index
    • an offenders’ index
    • a missing persons’ index
    • an unknown deceased persons’ index
• It aims to store the unique genetic information for administrative purposes.
• It also 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 and the additional members will be-
  
  • experts in the field of biological sciences
  • Director General of the National Investigation Agency
  • Director of the Central Bureau of Investigation

Concerns

• Threat of data Hacking: After the incident of malware infection at the Kudankulam Nuclear Power Plant there is a risk of this sensitive data bank being hacked.
• Violation of Human Rights: DNA can play an important role in solving the crimes but it also puts human rights at stake. It can lead to misuse and miscarriages of justice.
• Not Cost Effective: Creating large databases is not a very budget friendly option with limited resources.
• Inadequate Resources: Currently, laboratories are able to assess only one or two samples at a time. This results in delayed investigations.
• Possibility of misuse of DNA samples: Through DNA, not only the identity of a person can be known but also other characteristics like if she/he is suffering from any disease etc. There is a possibility that people having access to DNA samples, blackmail the person who has submitted his/her DNA sample.
• Single Use: Bill envisages the use of a DNA sample for a particular specified purpose only. For any other purpose, the DNA sample will have to be processed again.

Way Forward

• Modernisation of Technology: It will help process around 40 to 50 samples at a time which will in the quick resolution of various cases and thus will strengthen India’s Justice Delivery System.
• Multiple usage: Use of DNA cannot be restricted to a particular purpose. A series of situations may arise that can demand usage of a DNA sample again and again.
• Effective implementation: It is required to ensure the proper storage and usage of DNA bills.
• Securing Human Rights: The authorities need to regulate three broad areas of concern – capacity, training and consent before unleashing the DNA Bill in India.

Source: The Hindu