Parliamentary Standing Committee on Science and Technology, headed by Congress MP Jairam Ramesh, cleared the DNA Technology (Use and Application) Regulation Bill while suggesting a a number of amendments.

Ramesh, a former Union Environment Minister, urged the Centre to modify the Bill by incorporating the suggestions of the committee. The Bill envisages the use of DNA technology to substantially minimise errors in the criminal investigation and prosecution system.

Two members, CPI MP Benoy Vishwam and Asadudin Owaisi of AIMIM, submitted a dissent note to the panel expressing concern on the possible abuse of DNA technology to target different segments of the 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 the Parliament as well. It does not, however, negate the need for such legislation especially when DNA technology is already in use,” the report noted.

DNA profiling

It said such use of new technology has exposed recently a false encounter in which innocents were killed contradicting initial claims made that they were militants. “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,” the report added.

It urged the Centre to bring in independent and impartial checks and balances at every stage of the process. “There is a real risk of the police department and the prosecution being personally and financially liable for failed prosecutions,” the report said. It noted that there has been very little research and academic work in the country on the use of scientific evidence in courts.

“As a result, courts have routinely accepted evidence that is not based on thorough scientific rigour. The Committee, therefore, underlines with utmost importance that it is essential the Bill enables the creation of an ecosystem that benefits from scientific evidence like DNA, therefore allowing the legal system to become experienced in the use and appreciation of DNA evidence. This will enable the legal system to understand the technology’s limitations, identify when it is appropriate to use,” the report said.

The report flagged the possibility of risk with a national databank of crime scene DNA profiles as it will likely include virtually everyone since DNA is left at the “crime scene” before and after the crime by unconnected persons.

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