BackWhat is the DNA profiling bill?
The bill seeks to create a DNA database and profiling board to regulate DNA profile analysis, but many organizations and experts have voiced their concerns on the potential for misuse
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New Delhi: Last week, the department of biotechnology (DBT) released the draft human DNA (deoxyribonucleic acid) profiling bill, 2015, on its website. The bill seeks to create a DNA database and profiling board to regulate DNA profile analysis. India will join several other governments which have DNA databases, including the US which maintains the largest DNA database with the Combined DNA Index System (CODIS).
As of 2014, Interpol contained more than 150,000 DNA profiles contributed by 73 countries.
The bill was not introduced in the monsoon session of Parliament, but it has raised a debate regarding its merit and its scope for misuse. The database will contain an offenders’ index which will be an index of DNA profiles from known offenders. This can include offences under the Indian Penal Code such as domestic violence, sex selection and motor vehicles rules, offences under civil disputes such as issues related to pedigree, immigration and organ transplant, and other cases involving missing individuals.
“If we can make a database of offenders, it can come in extremely useful in connecting accused people with a crime some time in the future," said B.N. Mishra, a forensic expert and criminologist at a government hospital in New Delhi.
Mishra said that while DNA profiling is occasionally used, the courts generally do not admit it as evidence and it gets challenged because of the lack of a law. “The court has discretionary powers to admit DNA profile as evidence. It is used as collaborative evidence, but is not conclusive," he said.
But several organizations and forensic experts have voiced their concerns on the potential for authorities to misuse the bill, lack of safeguards to protect privacy of citizens and the powers of the regulatory authority.
DNA profiling has become more efficient over the years.
Earlier, biologists used a technique called restriction fragment length polymorphism (RFLP) which required much more DNA material on the lines of 200-1,000 segments. But Short Tandem Repeat (STR) analysis, the technique used today, requires fewer DNA material, less than 100 segments. This method takes around 30 minutes to match DNA profiles.
The human DNA profiling Bill was originally proposed in 2007 and the drafting of the bill began in 2012. But after concerns from civil society members and non-government organizations, the expert committee to discuss the draft bill was constituted by the DBT in 2013 . Finally, after consultations with experts from different sections of society, DBT put up the human DNA profiling bill 2015 and invited comments from the public till 20 August.
“There are some sections of society which are opposed to the bill. This is not different from what several other countries have. Tremendous amount of effort has been put to prevent violation of rights without benefit of society," said M.K. Bhan, a former DBT secretary.
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