DNA Technology Regulation Bill 2019: Know its provisions, significance here

Why in News?

The DNA Technology Regulation Bill was introduced in July 2019 in the Lok Sabha. It was after that sent to the Parliamentary Standing Committee on Science and Technology. Recently, the committee, in a draft report said that some provisions of the bill could be misused in different ways. 

What has the committee reported?

1. It was informed by the standing committee that the DNA profiles could reveal the sensitive information of any individual which is why it can be misused by people for caste/community-based profiling. This would create a divide between the population.
2. It is also said that DNA profiling bill is a violation of human rights the sensitive information once leaked can compromise with the privacy of the individuals. 
3. There are questions about the clauses in the bill regarding safeguarding the privacy of DNA profiles stored in various databanks.

DNA Technology Regulation Bill, 2019

Introduced by: Dr Harsh Vardhan, Union Minister of Science and Technology

Major Provisions:

1. The Bill is would regulate the usage and application of DNA technology to establish the identity of:

a) missing persons

b) victims of crimes

c)offenders or criminals

d) under trials/ accused 

e) unknown deceased people

2. The aim of the DNA Technology (Use and Application) Regulation Bill, 2019 is an expansion of the application of DNA-based forensic technology to support the justice delivery system of India. 

3. The bill would also ensure the reliability of the technology by providing for all mandatory accreditations and regulations of DNA laboratories

4. It would also ensure data protected from misuse or abuse in terms of the privacy rights of our citizens.

5. 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. 

6. Establishment of the National and Regional DNA Data Banks, as envisaged in the Bill, will assist in forensic investigations.

7. The bill would also aid in the development of a uniform code of practices in all Indian labs involved in DNA testing.

8. The implementation of 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.

9. Usage of the scientifically driven technology would empower the existing justice delivery system.

Shortfalls in the Bill:

1. There is no law in India for security and safety of the samples/ privacy of the individual
2. Once the profile is created, if samples not destroyed can be easily misused
3. People could create cultural and demographical differences 
4. No data once stored ever gets deleted, hence the DMA data is quite open to hacking

What is DNA Regulatory Board?

This Board would be headed by a secretary-level officer and would include experts in the fields of biological sciences, forensic and legal matters along with representatives from various investigating and police agencies such as the DG of NIA, Director of CBI, DGP of a state on a rotational basis and National Human Rights Commission.

Functions of the Board:

1. It would advise the governments on all issues relating to establishing DNA labs, data banks, laying down guidelines, standards and procedures for the functioning of these banks and labs
2. It would grant accreditation to DNA labs across the country
3. It would assist the investigating agencies within the country and outside in criminal matters 
4. It would make recommendations for privacy protection for access, usage and analysis of DNA samples
5. The board would also provide for the security and confidentiality of the samples.

No court would entertain any suit or proceed in any matter for which the Board is empowered.

DNA Technology has long been used across the world to solve crimes and as proofs. It would also help in an investigation relating to victims of natural disasters such as cyclone, Tsunami or those who die in an air crash or train derailments. Thus apart from criminal cases, domestic or civil cases would be aided which is why the regulation act is the need of the hour. 

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