Discuss the provisions and salient features of recent DNA Based Technology (Use and Regulation) draft Bill, 2017.
Refer - The Hindu
IAS Parliament 8 years
KEY POINTS
· The Law Commission of India submitted a draft of the DNA Based Technology (Use and Regulation) Bill, 2017 to the government.
Salient features
· The DNA Bill seeks to regulate human DNA profiling and establish standard procedures for DNA testing.
· There are no appropriate legal mechanisms earlier with regard to identifying missing persons, victims of disasters, etc.
· The draft Bill suggested various measures to fortify the use of uncontaminated DNA samples for investigation purposes and for identifying missing persons.
· It proposed a Plan for Constituting a statutory body called the DNA profiling board and a DNA data bank.
Provisions
· DNA profiling board – It will undertake functions such as laying down procedures and standards to establish DNA laboratories and granting accreditation to such laboratories.
· The Board will advise the concerned Ministries/departments of the Central and State governments on issues relating to DNA laboratories.
· It will also be responsible for supervising, monitoring, inspecting and assessing the laboratories.
· It will frame guidelines for training the police and other investigating agencies dealing with DNA-related matters.
· Its functions also include giving advice on all ethical and human rights issues relating to DNA testing in consonance with international guidelines.
· It will recommend research and development activities in DNA testing and related issues.
· DNA profiling will be undertaken exclusively to identify a person and will not be used to extract any other information.
· DNA data bank – DNA data banks both nationally and on a regional basis in the States will be setup.
· It will primarily store DNA profiles received from the accredited laboratories.
· It will maintain certain indices for various categories of data such as crime scene index, suspect’s index, offender’s index, missing persons’ index, unknown deceased persons index - with a view to assisting families of missing persons on the basis of their bodily samples and substances.
· Strict confidentiality will be maintained with regard to keeping records of DNA profiles and their use.
· The DNA profiles shall be shared with and by foreign governments or government organisations or agencies only for the purposes enumerated in the Act.
· Violators of the provisions will be liable for punishment of imprisonment which may extend up to three years and also a fine which may extend up to Rs. 2 lakh.
