The Big Picture - The DNA Bill

The Congress on Sunday accused the government of attempting to carry out '360-degree profiling' of citizens, and claimed that the DNA profiling bill was violative of the privacy and autonomy of people. Accusing the government of repeatedly displaying 'intrusive and nosy behaviour', Congress spokesperson Abhishek Singhvi said the BJP-led government wants 'an India that is defined by them'. The DNA profiling bill, based on the one prepared by the Law Commission recently, states that national and regional DNA data banks will be set up for maintaining a national database for identification of victims, accused, suspects, under-trials, missing persons and unidentified human remains. The Bill was introduced in the Lok Sabha by the Minister for Science and Technology, Harsh Vardhan, on August 9, 2018.

Guest-
P. K. Malhotra, Former Secretary, Law Ministry, GoI
Chakshu Roy, Head of Outreach, PRS Legislative Research
Piyush Singh, Advocate, Supreme Court
Yatish Rajawat, Editor-in-Chief, DNA

Anchor - Frank Rausan Pereira

[nityeshdadhich]

1) I totally disagree with the point by Rajawat when he says that Indians are not much concerned about their privacy. Even if as a citizen I am not concerned about my privacy, that does not authorize the government to collect data related to me. refer 9:15 of the video.

[sapnaparihar]

This is very knowledgeable channel who provides all bill news

[haritechharitech]

No scientist on the panel for his view...

[Amar-K]

The bill states that DNA data contained in any DNA labs and Data bank should be used only for the purpose of facilitating identification and not for any other purpose.
Unauthorised use of DNA information lead to 3 years jail or 1 lakh fine
According to forensic genetics policy report consideration should be given to an independent forensic science regulator to ensure oversight of both laboratory quality and proper crime scene examination
CONCERNS THAT NEED TO BE ADDRESSED:
only non coding DNA must be used as it is an international standard and prevents DNA coding for personal characteristics and medical conditions
Any international sharing of DNA profiles must also be covered under data protection or privacy law
In UK DNA data of a recordable offence can be kept for only 6 years
Malimath recommended strict confidentiality of DNA profiling and their use must be followed
Safeguard to prevent illegal collection and use of DNA data as recommended by AP Shah committee must be followed

[RajivKumar-dtyn]

Intro:
DNA technology(use and application ) regulation bill, 2018 is intended to expand the use of DNA technology and support to justice delivery system.
The Key provision are:
history
DNA profiling committe was constituted in 2003
In 2012 an expert committee reexamined the 2003 committe report
Law commissin drafted
Then introduced in parliament
Feature:
1. Permission for use of DNA Data: Authorities are required to obtain consent for collection in certain situations.
if punishment <=7 years no consent if >7 then required
2. DNA Data Bank: National data bank and regional bank
Every Data Bank will be required to maintain indices for the following categories of data:
(i) a crime scene index, (ii) a suspects’ or undertrials’ index, (iii) an offenders’ index, (iv) a missing persons’ index, and (v) an unknown deceased persons’ index
3. Protection of information:
4. Retention of DNA Data:
5. DNA Regulatory Board: which will supervise the DNA Data Banks and DNA Laboratories. The Secretary, Department of Biotechnology, will be the ex officio Chairperson of the Board.
6. Functions of the Board: The functions of the Board include: (i) advising governments on all issues related to establishing DNA
laboratories or Data Banks, (ii) granting accreditation to DNA Laboratories, and (iii) developing training modules and framing guidelines
for training manpower to deal with DNA related matters.
7. Offences: penalties for various offences, including: (i) for disclosure of DNA information, or (ii) using DNA sample without authorization.
disclosure of DNA information imprisonment of up to three years and fine of up to one lakh rupees.
issue:
1. Misuse of data and threating individual rights
2. Privacy concern and ethics involved in this scientfic collection of data
3. DNA is not full proof- false matches can take place for multiple reasons
4. DNA test have not led to an improvment in conviction in coutries where it si already being followed
5. Lack of separate databases for missing persons and criminals might result in harassment of innocents.
conclusion:
As increse the crime rate in India there was a urgent requirement of DNA Technology bill to tackle the crime rate and
this bill will fullfil the aim of reducing the solving the crime cases in India.

[ankitkumarkohli]

we can check crime, child trafficking etc but how the corruption can be minimized ?

[ShubhamKumar-infd]

Science advances more quickly than law can catch up with.

[upanidesh]

The bill states that, data of crime scenes or info contained in crime scene index will be retained.

Now, let's take a case that a person 'A' who was given jail term for a year by establishing his involvement in crime using DNA profiling, is now out of jail after completing his jail term.

In a different incident, a car accident occurs similar to Salman Khan's case. And at the crime scene, police reports that the DNA found was of person 'A', (although he was not there, but the person accused had managed someone(an agent) to get DNA sample of 'A' at the spot ) then in that case, how can that person get out of the vagaries of state.

[SAURAVLARZOO]

Implementation is going to play a big role in this bill and proper safeguarding is to be the priority.

[A.K]

It is a very good initiative by the GOI but the problem is created in the implementation of the policy. Lot of obstacles are in the way of the will i.e
Privacy
Reliability
Proper law
Centres of the DNA bank etc
Thanks you big picture to keep updated with the current issue and helping us with giving new view to the civil service aspirants thnak you so much

[SushilKumar-wljy]

Thanks to RSTV and Frank for such informative video.

[RajivKumar-dtyn]

i have written summary of this but that comment is not visible not sure why

[Vishal]

I think calling a panel member Mr. Rajawat who is an employee of DNA which belongs to Essel group and in which Mr. Subhash Chandra(Member of Parliament of Rajya Sabha; BJP) is a chairman is highly unacceptable. Whoever is he/she will definitely talk in favor of govt.... so ultimately what is the benifit of having the discussion.... ????

[harshitgarg]

Why is Piyush repeatedly classifying self-incrimination under Art 23? It comes under Art 20 (Protection in respect of conviction of offences)

[pritamk]

This bill will be really
Once it will introduce the people will understand it's

[vishalyadav-vxqy]

Self incrimination is under art 20 not 23

[Iamrrj]

Frank takes the debate in the right direction. A very meaningful discussion.

[moosaiqbal]

unbalanced panel again...nobody to criticize the bill...

[manikant]

Why Congress opposes everything for the sake of opposing?? This party doesn't think of national interest anytime..just for political gain they can go to any extent..we should teach them a lesson again in 2019..

[NeerajSharma-pdml]

Sir please always call satya prakash in political issue