Recently, DNA technology bill has been passed in Parliament after a long period by Union Cabinet on 8th July 9, 2019. The legislation seeks to establish a national DNA data bank and regional DNA data bank. This bill envisages that every data bank maintains DNA for crime investigation, identification of the unclaimed body, determining the offenders and under trial indexes that may strengthen the justice delivery system.
A major component of DNA technology is cloning, which is the process of making multiple, identical copies of a gene.
MAIN PURPOSE OF BILL
- Bill is used for the DNA data, DNA sample, DNA profiling, records of the individual for the identification of a person.
- They proposed to create a DNA profiling board under which the creation of state-level DNA data banks will form. The Main responsibility of this is to collect and analyze the data from data technology.
- DNA data banks will be formulated to store the profiles for identification of victims, undertrial, suspects, accused, unidentified person, missing person.
One of the frequently raised questions in parliament is regarding RIGHT TO PRIVACY may abolish under this bill. Several other challenges would raise over this. Lets us know about those challenges:
No appropriate data protection law has listed in the constitution regarding this. Moreover, the right to privacy act may or may not be compatible with this bill because there are a lot of uncertainties may occur if the data is misused. People may frighten that what happens if bill failure will occur in the future and no particular checks are done over DNA use. There is no specific DNA profiling committee for a civil matter. Storage of profile in DATA banks may violate the right to privacy.
After these major concerns, penalties should also be proposed in this bill that anyone who suspects to leak the information on illegal grounds has provision for 3 years jail and a fine up to 1lakh. It will perform under high-security surveillance that this technology only permits to check about crime scene index, suspect, offenders, a missing person, unknown deceased.
STEPS SHOULD BE TAKEN
- State or government should keep the information confidential regarding profiles of individuals.
- Strict rules that no one accesses DNA profiling except for the purpose of identification.
- Andhra Pradesh is the first state to use DNA technology for identification. And implement well.
- After the use of DNA, they destroy the data and sample in front of the owner of that DNA. Due to this transparency kept and right to privacy should not abolish.
Application of DNA technology
- Pharmaceutical industry and medicines.
- Diagnose purpose
- Human growth hormone
- Solving crimes