The fears raised over the DNA Technology Bill are "not entirely unfounded", noted the Parliamentary Committee on Science and Technology.
The panel, in its report submitted on February 3, called upon the government to effectively address the apprehensions.
The DNA Technology (Use and Application) Regulation Bill, 2019 was referred to the committee by Parliament in 2019. The panel has, since then, been consulting various experts and stakeholders to examine the proposed benefits and the apprehensions related to the legislation.
"A number of members have expressed concerns about the use of DNA technology— or more accurately its misuse—to target different segments of our society based on factors like religion, caste or political views. These fears are not entirely unfounded and have to be recognised and addressed by the government and by Parliament as well," the panel said in its report.
The committee, however, did not recommend the revocation of the law. On the contrary, it agreed that the legislation is essential to strengthen criminal investigation.
The panel, in its report, also referred to the recent "fake encounter" in Jammu & Kashmir's Shopian where three labourers from Rajouri were killed and labelled as militants. A probe, involving the use of DNA technology, found the deceased to be innocents.
The fears of misuse do not "negate the need for such legislation especially when DNA technology is already in use", the report said, adding that "its use in recent months has exposed a false encounter in which innocents were killed contradicting initial claims made that they were militants".
The parliamentary panel, which examined the Bill, is headed by Congress MP Jairam Ramesh. The committee had heard the apprehensions raised by AIMIM lawmaker Asaduddin Owaisi and the CPI's Binoy Viswam.
In his dissenting note before the committee, Owaisi said the provisions in the law may lead to violation of the right to privacy. He also claimed that the Bill poses "potential dangers" for the vulnerable members of Muslim, Dalit and Adivasi communities.
The report said the Supreme Court judgments related to the matter should be adhered to while the law is being implemented.
"The Committee is of the strong opinion that an enabling ecosystem must be created soon to ensure that DNA profiling is done in a manner that is fully consistent with the letter and spirit of various Supreme Court judgments and with of the Constitution of India," it said.
The DNA technology law, once enacted, would lead to the establishment of a DNA Regulatory Board. This Board will advise the Centre and states on all issues relating to establishing of DNA laboratories and DNA Data Banks, and laying down guidelines, standards and procedures for functioning
of such laboratories and Data Banks.
The Department of Biotechnology (DBT), which was consulted by the Parliamentary panel before finalising its report on the law, said the use of DNA would aid several ministries, along with the top investigative agencies.
The Ministry of Home Affairs would benefit through "forensic crime investigations", the Defence Ministry would find it useful for "body identification" and the Ministry of External Affairs for "immigration issues".
The Ministry of Women and Child Welfare would find the law applicable in cases of "child trafficking and missing/abandoned children investigations", the DBT told the Parliamentary committee.
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