There is certainly a need for a law to enable state agencies to collect biological material but not without putting in place stringent mechanism
AuthorTelanganaTodayPublished: 22nd Dec 2018 12:12 amUpdated: 21st Dec 2018 10:50 pm
A thorough and ideology-neutral debate is necessary over a Bill that allows law enforcement agencies to collect DNA samples and create DNA profiles of people and special databanks for forensic-criminal investigations. The DNA Technology (Use and Application) Regulation Bill, 2018, which is before the Rajya Sabha for consideration, raises many ethical and sociological questions that need to be addressed properly before it becomes a law.
It is the modified version of a Bill originally framed by the Department of Biotechnology. The aim of that draft legislation was to set in place an institutional mechanism to collect and deploy DNA technologies to identify persons based on samples collected from crime scenes or for identifying missing persons.
However, there were some justifiable objections over the manner in which DNA information was to be collected and the way they were to be stored by forensic laboratories because they amounted to violation of privacy.
However, several clauses of the Bill have since been tightened to make it stronger and immune to data abuse. The data banks can only store information related to criminal investigations and the DNA details of suspects will be deleted.
The Bill also seeks to create a DNA Profiling Board that would be the final authority to authorise the creation of State-level DNA databanks, approve the methods of collection and analysis of DNA-technologies.
Creating large databases could raise questions similar to the raging debate over Aadhaar. Though the government maintains that the move is to merely expand the application of DNA-based forensic technologies to support and strengthen the justice delivery system, there are genuine concerns over privacy and security issues.
In the light of the August 2017 Supreme Court judgment ruling that privacy is a fundamental right, the new law must be in tune with the spirit of the verdict. Before enacting such laws, there has to be a significant improvement in capacity building regarding collection and use of DNA for forensic purposes.
The genes encoded in the DNA, which can be collected from blood, hair, skin cells and other such bodily substances, have proven to be an important tool in forensic science. Across the world, the use of DNA evidence has helped solve many complex criminal cases.
While there is certainly a need for a law to enable state agencies to collect biological material, stringent mechanism must be put in place to regulate the extraction of DNA evidence and the extent and scope of such extraction must not disproportionally contravene a person’s right to privacy. Before proceeding further on the new legislation, the government must address concerns regarding the chain of custody of DNA samples between crime scenes, labs and data banks and expansive powers of the DNA Regulatory Board.