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Cabinet clears DNA tech bill to help with investigations

The Union Cabinet on Monday approved the DNA Technology (Use and Application) Regulation Bill, 2019, that allows the government to create a DNA data bank for solving crimes, tracing missing persons, and identifying dead bodies.

DNA (deoxyribonucleic acid) is the molecule that contains the genetic instruction and can be extracted from samples of blood, tissue, hair, and bodily fluids. It is “somatically stable” or remains the same across all kinds of samples and can be used to identify people.

“The bill will empower the criminal justice delivery system by enabling application of DNA evidence, which is considered as gold standard in crime investigations and give a fillip to development of uniform practices in all laboratories involved in DNA testing in India,” said Dr Harsh Vardhan, Union minister for health and science.

The bill had been tabled earlier this year and was passed by the Lok Sabha in January. It lapsed after not being passed in the Rajya Sabha.

If approved, the bill will make provisions for the government to set up national and regional DNA data banks that will maintain samples under categories such as crime scene, suspect or under-trial, offenders, missing person, and unknown deceased person.

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.

Leaking of identifiable DNA information will be punishable by up to one year of imprisonment and a fine of ~1 lakh, according to the bill. And, altering or destroying biological samples is punishable by up to five years of imprisonment and a fine of Rs 2 lakh.

The bill also prohibits all laboratories from conducting any DNA tests or analysis without accreditation with the DNA regulatory board, ensuring quality and reliability of tests.

“Even now, DNA samples from crime scenes are used for identifying criminals. But, with the creation of interlinked national data banks, the investigators will be able to go through the database to trace criminals. It will similarly help in tracing missing people or the unknown dead bodies,” said Dr Anupuma Raina, senior scientist in the forensic DNA lab, All India Institute of Medical Sciences.

“The other thing is that the DNA samples will be saved, so even if an accused is traced after five or ten years, the samples from crime scene can be matched for conviction. Now, this can be done only if a laboratory decides to maintain the record for years,” she added.

The bill was initially proposed in 2007 and the drafting began in 2012. The NGO Lokniti Foundation filed a petition in the Supreme Court stating that India does not have a DNA database to identify nearly 40,000 unclaimed bodies every year.

First Published:
Jun 24, 2019 23:45 IST

Source: HindustanTimes