Current Affairs Brain Booster for UPSC & State PCS Examination

Topic: DNA Technology (Use and Application) Bill, 2019

Why in News?

• The Parliamentary Standing Committee on science and technology has recommended that the government assuage concerns raised over the DNA Technology (Use and Application) Regulation Bill, 2019 both in Parliament and outside.

Intended Purpose

• The main purpose of the bill as per the Department of Biotechnology is to:
• enable identification of missing children and of unidentified deceased individuals including disaster victims; apprehend repeat offenders for heinous crimes (rape, murder, etc.);
• develop stringent standards, and quality assurance system to grant approval and accreditation to the laboratories undertaking DNA profiling; and
• regulate the use of DNA profiles in establishing identity in criminal and civil proceedings.
• The bill aims to establish:
• a DNA regulatory board which will advise the Centre and the state governments on establishing of DNA laboratories; and
• DNA data banks and laying down guidelines, standards and procedures for establishment and functioning of such laboratories and data banks.
• The bill said that every data bank will maintain the indices for the following categories:

• The crime scene index
• An offender’s index
• A suspect’s index
• An under trials’ index
• Missing person’s index and
• An unknown deceased persons’ index

DNA: Relevance

• The DNA (Deoxyribonucleic Acid) is a complex molecule which contains all the information necessary to build and maintain an organism.
• DNA can be extracted from saliva, hair, blood, bones, semen and from other organs of the body.
• The DNA of every person is unique in itself, and variation in the sequence of DNA can be used to match individuals and identify them.
• DNA Technique helps the identification of criminals on the scientific lines.
• The DNA techniques is basically made up of amino acids and it is matched with the bases which provide the key to determine the genetic blueprints of a living being.

Data Safety

• The bill also proposes a provision related to a ‘written consent’ of an individual to be obtained before collection of their DNA samples.
• Such consent is not required for the offences which include the punishment of more than seven years in prison or in case of DNA profiling for civil matters.
• The bill allows DNA testing only in respect of matters listed in the schedule to the bill.
• The disclosure of DNA information will be punishable with imprisonment of up to three years and fine of up to one lakh Indian rupees.
• The DNA profile of a person will be kept in a government run regulatory body.
• DNA profiles to be stored are not for the entire population but for specified categories of individuals such as convicts and suspects of major crimes, relatives of missing persons (so that their DNA profiles can be compared with profiles of unidentified deceased individuals).

Issues at Hand

• The bill is in violation of human rights as it is in conflict with the privacy of the individuals, because all the details of the individual person’s body and his DNA profile will be with the state.
• In Justice K. S. Puttaswamy and Ors. vs Union of India and Ors, case, The Apex Court has interpreted the Constitution to include ‘right to privacy’ as a fundamental right. The court said that this right may be infringed only if three conditions are met. Which are:
• There should be a law;
• The law should aim to achieve a public purpose; and
• The public purpose should be proportionate to the infringement of privacy.
• The schedule lists civil matters where the DNA profiling can be taken in use. This includes the issues which are related to the establishment of an individuals’ identity.
• A DNA sample of an individual can provide additional information with regard to that individual other than his identity.