The Union Cabinet has approved the DNA Technology (Use and Application) Regulation Bill,2019.
DNA (deoxyribonucleic acid) is the molecule that contains the genetic instructions and can be extracted from samples of blood,tissue,hair and bodily fluids.Outside of identical twins,no two people have the same DNA pattern.
The bill had been tabled earlier this year and was passed by the Lok Sabha in January,2019.It lapsed after not being passed in the Rajya Sabha.
The bill makes provision for the government to set up national and regional DNA data banks that will maintain samples under categories such as (a)crime scene (b)suspect or under-trial (c)offenders (d)missing persons and (e)unknown deceased person.
The bill provides that bodily samples for DNA analysis can be collected only on consent from the people, including those who have been sentenced for up to seven years.For people who have received a sentence of more than seven years, the samples can be collected without consent.
The Bill establishes a DNA Regulatory Board to accredit the DNA laboratories that analyse DNA samples to establish the identity of an individual.
The bill will enable cross-matching of DNA of persons reported missing and unidentified dead bodies and also for establishing the identity of victims during mass disasters.
Further,the bill says that leaking of identifiable DNA information will be punishable by up to one year of imprisonment and a fine of 1 lakh.And, altering or destroying biological samples is punishable by up to five years of imprisonment and a fine of Rs 2 lakh.
However,some activists and lawyers criticized this bill as they argue that India does not have a data protection law and that information like ancestry or susceptibility to a disease or other genetic traits is liable to be misused.
It has also been argued that DNA tests have not led to an improvement in conviction rates in countries where legislation is already being followed.
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