Decoding the DNA Bill: Privacy vs. Crime Control in India

Decoding the DNA Bill: Privacy vs. Crime Control in India

Introduction

The DNA Technology (Use and Application) Regulation Bill, commonly referred to as the DNA Bill, has been in legislative limbo for years. Touted as a scientific tool to solve crimes, identify missing persons, and aid disaster response, it has also raised red flags over privacy, consent, and misuse of genetic data.

What Does the Bill Propose?

• Establishment of a National DNA Data Bank and regional data banks.

• Profiling of DNA samples for:

  • Criminal investigations

  • Missing persons identification

  • Civil disputes (such as paternity)

• Formation of a DNA Regulatory Board to supervise labs and data usage.

Benefits of the DNA Bill

1. Crime Solving & Speeding Up Justice
   DNA evidence is considered highly reliable, especially in rape, murder, and terrorism cases. The bill can strengthen forensic evidence usage in a system plagued by delays.

2. Disaster Victim Identification
   DNA profiling can help identify bodies in natural calamities like floods, earthquakes, and train accidents.

3. Family Reunification
   Children and missing persons can be reunited with their families using biological evidence.

Concerns & Criticism

1. Privacy Intrusion & Surveillance
   DNA contains deeply personal biological information — more than fingerprints. Critics fear it could be misused by the state for mass surveillance.

2. Lack of Consent Mechanism
   The bill allows DNA profiling without explicit consent in several cases. This raises Article 21 (Right to Privacy) concerns.

3. No Robust Data Protection Law
   India’s digital data protection law does not fully cover biometric genetic data. The absence of strong safeguards makes DNA misuse a real threat.

4. Wrongful Inclusion
   False matches or incorrect inclusion of innocent individuals in criminal databases could have devastating effects on careers and social life.

What the Supreme Court Says

In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held privacy as a fundamental right. Any data collection must pass the test of legality, necessity, and proportionality — which the DNA Bill currently fails, according to many experts.

Conclusion

While the DNA Bill could revolutionize crime detection, it must balance scientific efficiency with constitutional rights. Safeguards like strict consent norms, data deletion protocols, and independent oversight are necessary before it becomes law.