Report No. 271

Chapter -VI

The Human DNA Profiling Bill, 2016 and Other Reports

A. The Human DNA Profiling Bill 2016

6.1 The Bill 2016 was drafted by the Department of Biotechnology and was submitted to the Government of India. The Bill proposed to form a National DNA Data Bank and a DNA Profiling Board, and for using the data for various purposes specified in the Bill. The proposed DNA Profiling Board would have consisted of molecular biology, human genetics, population biology, bioethics, social sciences, law and criminal justice experts. The Board was to define standards and controls for DNA profiling. It was also to certify laboratories and handle access of data stored by law enforcement agencies. Similar bodies at State levels were also to be formed.

6.2 The National DNA Data Bank, was supposed to collect data from offenders, suspects, missing persons, unidentified dead bodies and volunteers. It was to profile and store DNA data in criminal cases like homicide, sexual assault, adultery and other crimes. The data was to be available also to the accused or the suspect for proving his non-involvement in the crime or at least to establish that he was not present on the place of occurrence at the relevant time.

6.3 The Bill was criticised for not addressing the concerns of privacy by a large number of organisations and public spirited persons on similar grounds and made various representations to the statutory authorities. The Bill did not make special provisions in respect of funding of the Board and how the required funds will be made available to the investigating agencies to collect proper reports of samples. Moreover, the Bill did not specifically provide as to on what stage the samples could be collected.