The DNA Technology (Use and Application) Regulation Bill, 2019: A Compromise on Privacy Rights of Individual
Institute of Law, Nirma University, India
Volume III – Issue II, 2021
On July 8, 2019, the Lok Sabha introduced the DNA Technology (Use and Application) Regulation Bill, 2019, which is also known as the DNA Profiling Bill. The Bill proposes to create a DNA Regulatory Board with a mandate to construct DNA Data Banks as well as accredit DNA Profiling Laboratories. The Bill will govern utilization as well as application of DNA technologies to determine the identities of: a) missing individuals; b) crime victims; c) offenders or criminals; d) defendants or accused; and e) unidentified dead people. The Bill contemplates a variety of indexes for criminal offences but it is completely quiet on civil matters causing uncertainty about where as well as how DNA profiles will be kept. This article discusses how the Bill has sparked questions on a number of fronts, the extremely severe of which is the use of DNA profiling in criminal cases, which violates the constitutional right to privacy.