The DNA Technology (Use and Application) Regulation Bill, 2019
The DNA Technology (Use and Application) Regulation Bill, 2019
The DNA Technology (Use and Application) Regulation Bill, 2019
The DNA Technology (Use and Application) Regulation Bill, 2019
Use of DNA Data | Under the Bill, DNA testing is permitted only in respect of matters mentioned in the Schedule to the Bill. These include offences under the Indian Penal Code, 1860, and for civil matters such as paternity suits. The Schedule further includes DNA testing for matters related to establishment of individual identity. |
Collection of DNA | While preparing a DNA profile, bodily substances of persons may be collected by the investigating authorities. Authorities are required to obtain consent for collection in certain situations. For arrested persons, authorities are required to get written consent if the offence carries a punishment of up to seven years. If the offence carries more than seven years of imprisonment or death, consent is not required. Further, if the person is a victim, or a minor or disabled person, or relative of a missing person, the authorities are required to obtain the written consent of such victim, relative, parent, or guardian of the minor or disabled person. If consent is not given in these cases, the authorities can approach a Magistrate who may order the taking of bodily substances of such persons. |
DNA Data Bank |
The Bill provides for the establishment of a
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Removal of DNA profiles | The Bill defines that the criteria for entry, removal or retention of the DNA profile will be specified by regulations. However, the Bill provides for removal of the DNA profiles of the following persons:
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DNA Regulatory Board |
The Bill provides for the establishment of a DNA Regulatory Board, which will run the DNA Data Banks and DNA laboratories. The Secretary, Department of Biotechnology, will be the ex-officio Chairperson of the Board. The Board will comprise additional members including:
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Functions of the Board | The functions of the Board include:
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DNA laboratories | Any laboratory undertaking DNA testing is required to obtain accreditation from the Board. The Board may annul the accreditation for reasons including, failure to:
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Offences | The Bill specifies penalties for various offences, including:
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