Image Source

Note4Students

Understand the DNA Profiling and examine the concerns raised against India’s DNA profiling Bill. The topic creates an interesting issue which shows connection among  Science , Law and Order, and Privacy. These kind of interconnected topics are important from the UPSC perspective. Privacy verdict will also have implication on the fate of this bill. A number of op-eds both in favor and against this bill have been written in last few months. This makes this topic important for mains 2017.

Context

1. Centre is about to finalise a fresh version of the DNA Fingerprinting Bill, a draft of which was ready in 2015
2. Law Commission of India released a revised draft of the Bill that is now called The DNA Based Technology (Use and Regulation) Bill, 2017 with some very important changes

What is DNA profiling technology?

1. DNA fingerprinting or DNA profiling is method of isolating and identifying variable elements within the base-pair sequence of DNA.
2. DNA fingerprinting technology is utilised by police all over the world for fool-proof identification of criminals who leave their traces at crime scene while committing crime.
3. The technology plays a crucial role in solving crimes as it has potential to link a series of crimes by placing the suspects by linking them with the crime scene.

Why new bill?

It seeks to establish regulatory institutions and standards for DNA testing, and supervise the activities of all laboratories authorised to carry out such tests.

Significance of DNA analysis?

1. It is extremely useful and accurate technology in ascertaining the identity of a person from his/her DNA sample, or establishing biological relationships between individuals.
2. As a result, DNA technology is being increasingly relied upon in investigations of crime, identification of unidentified bodies, or in determining parentage.
3. But information from DNA samples can reveal intrusive information like their allergies, or susceptibility to diseases. As a result, there is a greater risk of information from DNA analysis getting misused

Bill provisions

1. It prohibits the collection of any “bodily substance” from an arrested individual (for the purposes of a DNA test) without his/her consent, except if the individual is arrested for certain specific offences.
2. However, if the consent “is refused without good cause”, and a magistrate is satisfied of the need for a DNA test, he/she can order the arrested person to give a sample.
3. The new Bill has also removed a provision that allowed DNA profiles in the databank to be used for “creation and maintenance of population statistics databank”.
4. While the penalty for misuse of data remains a prison term of up to three years and a fine up to Rs 1 lakh, a reference to a minimum prison term of one month has been removed.
5. The Bill seeks to set up two new institutions — a DNA Profiling Board and a DNA Data Bank.

DNA Profiling Board

1. The Board, with 11 members, is supposed to be the regulatory authority that will grant accreditation to DNA laboratories and lay down guidelines, standards and procedures for their functioning.
2. It will advise central and state governments on “all issues relating to DNA laboratories”.
3. It will also be the authority to make recommendations on ethical and human rights, including privacy, issues related to DNA testing.

DNA Data Bank

1. A national databank of DNA profiles is proposed to be set up, along with regional databanks in every state
2. The new draft does not specify the location of the national databank. All regional DNA databanks will be mandated to share their information with the national databank.
3. Certain DNA Profiling Board-accredited labs would be authorised to carry out DNA testing and analysis. These are the only places to which DNA samples, picked up from a crime scene can be referred for analysis
4. Data from the analyses will need to be shared with the nearest regional DNA databank which will store it and share it with the national databank.
5. The databanks will maintain five sets of databases — for DNA samples picked up from crime scenes, for suspects or undertrials, and for offenders, missing persons, and unidentified dead bodies.

Issues involved?

1. There are chances that a wrong match is generated.
2. If the DNA result is taken as the ultimate evidence, no recourse will be available to an individual who has been wrongly matched.
3. Privacy-related objections-main concerns are whose DNA can be collected and under what circumstances, who can access the database etc.
4. Information like ancestry or susceptibility to a disease, or other genetic traits, is liable to be misused.
5. DNA tests have not led to an improvement in conviction rates in countries where it is already being followed.

Question

Q.) The 2015 draft DNA Fingerprinting Bill is back in a new version, and includes some important additions and deletions. What are they? What is the need for such a law in the first place, and what are the problems with having one? Critically analyse.