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DNA draft bill 2017

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October 27, 2017

What is the issue?

The DNA draft Bill which seeks to streamline genetic profiling activities, has potential once approved.

What is DNA draft bill?

  • The Law Commission of India submitted a draft of the DNA Based Technology (Use and Regulation) Bill, 2017 to the government in July.
  • The DNA Bill seeks to regulate human DNA profiling and establish standard procedures for DNA testing.
  • The draft Bill has substantially modified the earlier Bill and suggested various measures to fortify the use of uncontaminated DNA samples for investigation purposes and for identifying missing persons.
  • Given that there are no appropriate legal mechanisms with regard to identifying missing persons, victims of disasters, etc.
  • It proposed a Plan for Constituting a statutory body called the DNA profiling board and a DNA data bank.

What is DNA profiling board?

  • The profiling board will undertake functions such as laying down procedures and standards to establish DNA laboratories and granting accreditation to such laboratories.
  • It 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.
  • The Board 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.

What are the features of DNA data bank?

  • DNA data banks both nationally and on a regional basis in the States will be setup.
  • The data bank will primarily store DNA profiles received from the accredited laboratories and maintain certain indices for various categories of data such as
  1. Crime scene index.
  2. Suspect’s index.
  3. Offender’s index.
  4. Missing persons’ index
  5. 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.

 

Source: The Hindu

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