Report No. 271
7.1 DNA Profiling, an accurate and well established scientific technique is used for disaster victim identification, investigation of crimes, identification of missing persons and human remains, and for medical research purposes.
7.2 Most of the countries have enacted appropriate laws within the framework of their respective constitutions and other legal frameworks for the aforesaid purposes.
7.3 DNA Profiling and use thereof involves various legal and ethical issues and concerns are raised and apprehensions exist in the minds of the common man about its misuse which unless protected may result in disclosure of personal information, such as health related data capable of being misused by persons having prejudicial interests, adversely affecting the privacy of the person.
7.4 Whether in Indian context privacy is an integral part of Article 21 of the Constitution is a matter of academic debate. The issue is pending consideration before the larger bench of the Supreme Court.
7.5 The Bill of 2017 provides provisions intended to protect the right to privacy. The mechanism provided permits for processing of DNA samples only for 13 CODIS loci which would not violate in any way the privacy of a person and as a result will never go beyond identification of a particular person. The strict adherence to 13 CODIS loci will eliminate the apprehension of revealing genetic traits.
7.6 The Code of Criminal procedure (Amendment) Act 2005 which came into force on 23rd June 2006 added Explanations to sections 53, 53A and 54 to clarify the scope of medical examination particularly in respect to the extraction to the bodily substances and the explanation provides that examination of a person shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by scientific techniques including DNA Profiling and such other tests that the medical practitioner deems necessary.
7.7 Thus the Bill of 2017 is in consonance and in conformity with the aforesaid provisions which are added by the Amendment Act 2005, which also provides for DNA profiling.