CABINET APPROVES DNA TECHNOLOGY (USE & APPLICATION) REGULATION BILL, 2018

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THE NEWS

The Union Cabinet has given its approval for the DNA Technology (Use and Application) Regulation Bill 2018.

Key-Details of the Bill

  • The DNA Technology (Use and Application) Regulation Bill, 2018 is the latest version of a Bill that originated as a DNA ‘profiling’ Bill, framed by the Department of Biotechnology.
  • Objective: The primary objective of the bill is to expand the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.
  • It provides for the mandatory accreditation and regulation of DNA laboratories.
  • It aims to set in place an institutional mechanism to collect and deploy DNA technologies in order to identify persons based on samples collected from crime scenes or for identifying missing persons.
  • The Bill seeks to ensure that with the proposed expanded use of DNA technology, there is also the assurance that the DNA test results are reliable and the data remain protected from misuse or abuse in terms of the privacy rights of the citizens.Moreover, the Bill will ensure speedier justice delivery and increased conviction rate.

DNA Profiling Bill

  • The Bill provides for the creation of a DNA Profiling Board that would be the final authority to authorize the creation of State-level DNA databanks, approve the methods of collection and analysis of DNA-technologies.
  • These State-level DNA databanks will maintain a national database for identification of victims, accused, suspects, undertrials, missing persons and unidentified humans remains.

DNA Profiling

  • DNA profiling is a forensic technique which is used for identification of individuals by the characteristics of their DNA.
  • Itis a small set of DNA variations that are very likely to be different in all individuals who are not biologically related.
  • It was first developed in 1984 for parentage testing and criminal investigation to identify a person or to place a person at a crime scene.
  • There are the following steps to create DNA profiling using STR:
    • Sample collection:First the DNA samples such as saliva, hair, semen or blood is collected.
    • Extraction of DNA: DNA is contained within the nucleus of cells. To extract the DNA, chemicals are added to break open the cells, and then the DNA is isolated from other cell components.
    • Copy: There remain only small amount of DNA sample available for forensic analysis so the Short tandem repeats (STRs) at each genetic locus are copied many times using the polymerase chain reaction (PCR) to get enough DNA to make a profile.
    • Determining the size: The size of the STRs at each genetic locus is determined using a genetic analyzer. The genetic analyzer separated the copied DNA by gel electrophoresis and can detect the fluorescent dye on each STR.
    • Is there a match: The number of times a nucleotide sequence is repeated in each STR can be calculated from the size of the STRs.
      • A forensic scientist can use this information to determine if a body fluid sample comes from a particular person.
      • If two DNA profiles from different samples are the same, the chance that the samples came from different people is low. This provides strong evidence that the samples have a common source.
Short Tandem Repeats (STRs)

Short tandem repeat (STR) analysis is an informative approach to genetic identification and is commonly associated with DNA testing in forensic laboratories, paternity disputes or missing person cases. STRs are repetitive sequence elements 3–7 base pairs in length scattered throughout the human genome. By amplifying and analyzing these polymorphic loci, then comparing the resulting STR profile to that of a reference sample, the origin of biological samples such as cells or tissues can be identified and verified. The more loci that are amplified, the higher the statistical power of discrimination.

Significance of DNA Profiling

  • The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world.
  • Forensic DNA profiling is of proven value in solving cases involving offences that are categorized as affecting the human body (such as murder, rape, human trafficking, or grievous hurt), and those against property (including theft, burglary, and dacoity).
  • Every year, there are more than 3 lakh cases of murder, rape, human trafficking,and dacoity, where forensic DNA profiling is of proven value in solving the crime.

Issues with DNA Profiling

  • Violation of Privacy: Various objections were made that the DNA information collected is a violation of privacy.Though the officials said that several clauses of the Bill were tightened to make it stronger and immune to data abuse.
  • Limited Data Base: The DNA information collected by forensic laboratories can only store information related to criminal investigations and the DNA details of the suspects will be deleted. All the data of the suspects along with criminal records is difficult to maintain.

Background

  • Originally proposed in 2007, the drafting of the bill began in 2012 by the Department of Biotechnology of the Ministry of Science and Technology.
  • Last year, the Law Commission of India, in its 27th report, had prepared the draft bill “The DNA Based Technology (Use and Regulation) Bill, 2017, stressing on its usage for disaster victim identification, criminal investigation,and identification of missing persons.
  • The aggregate incidence of such crimes in the country, as per the statistics of the National Crime Records Bureau (NCRB) for 2016, is in excess of 3 lakhs per year.
  • Of these, only a very small proportion is being subjected to DNA testing at present.

Benefits of the Bill

  • The provisions of the Bill will enable the cross-matching between persons who have been reported missing on the one hand and unidentified dead bodies found in various parts of the country on the other.
  • It is expected that the expanded use of this technology in these categories of cases would result not only in speedier justice delivery but also in increased conviction rates, which at present is only around 30% (NCRB Statistics for 2016).

CONCLUSION


DNA techniques are now employed globally in forensic science to facilitate police detective work and help clarify paternity and i>mmigration disputes. DNA technology is based on proven scientific principles, and it has been very effective for social welfare, particularly, in enabling the Criminal Justice Delivery System to identify the offenders.Now the bill will be tabled in Parliament in the upcoming Monsoon Session, which is scheduled to begin from July 18. If the bill is approved in the Parliament, it will be of great help in identifying the victims, accused, suspects, missing persons and will strengthen the justice delivery system of the country.

SOURCE:-  Chanakya IAS

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