The Law Commission of India, on Wednesday, submitted its 271st report titled “Human DNA Profiling – A Draft Bill for the Use and Regulation of DNA Based Technology” to the Government.
The report claims to have “thoroughly examined” the draft of “The Use and Regulation of DNA-based Technology in Civil and Criminal Proceedings, Identification of Missing Persons and Human Remains Bill, 2016” forwarded to it by the Department of Biotechnology.
“The Commission has taken into consideration the various aspects of DNA profiling and the absence of an appropriate regulatory mechanism for the use, retention and expunction of body substances, DNA samples and DNA profiles,” it explains.
The Commission is understood to have opined that merely amending the Code of Criminal Procedure, 1973 may not serve the purpose sought to be achieved. “In view of the scope of the use and misuse of human DNA profiling, it has been felt that it is required to be regulated by a special law with well delineated standards, quality controls and quality assurance systems to ensure the credibility of the DNA testing, restricting it to the purposes laid down in the Act. Thus, there is a need to regulate the use of human DNA profiling through a standalone law of Parliament so that such use is appropriately regulated and restricted to lawful purposes only,” the report goes on to state.
It further acknowledges that the question of Right to Privacy being a Fundamental Right is under consideration before the Supreme Court, and emphasizes on its endeavor to ensure that the provisions of the proposed Bill are in conformity with the constitutional provisions.
Following are some of the salient features of the recommendations: