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LATEST NEWS UPDATES | DNA profiling bill allows for 'intimate' samples -Manoj Mitta

DNA profiling bill allows for 'intimate' samples -Manoj Mitta

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published Published on Jul 26, 2015   modified Modified on Jul 26, 2015
-The Times of India

NEW DELHI: The human DNA profiling Bill, as recommended by an official expert committee, has controversial clauses dealing with "issues relating to pedigree" and introducing an intrusive mode of collecting samples from living persons called "intimate forensic procedure".

This procedure detailed in the draft Bill due to be introduced in the current session of Parliament involves collection of "intimate body samples" of living persons from "the genital or anal area, the buttocks and also breasts in the case of a female".

Intimate forensic procedure includes "external examination" of private parts, taking samples from there "of pubic hair" or "by swab or washing" or "by vacuum suction, by scraping or by lifting by tape" and "taking of a photograph or video recording of, or an impression or cast of a wound" in those areas.

Submitted in January by the committee headed by T S Rao, senior adviser to the department of biotechnology, the draft Bill explains that "intimate body samples from living persons shall be collected and intimate forensic procedures shall be performed by a registered medical practitioner".

It also makes clear that intimate forensic procedure will be applied not just to an "offender" who is defined as "a person who has been convicted of or an undertrial charged with a specified offence". The DNA data bank will also be authorized to collect samples from anybody who is deemed to be "suspect" in relation to any crime. The range of persons on who the data bank will maintain "indices" includes those connected with "crime scene" and those with "missing persons". What is even more open-ended is the clause empowering the data bank to maintain an index on "volunteers" and "such other DNA indices as may be specified by regulations" issued after the enactment of the law.

Equally significant is the clause stating that the samples collected in relation to DNA profiling "shall be made available" not only in criminal cases but also "civil matters" such as disputes relating to paternity or maternity, surrogacy, organ donation, immigration, emigration and individual identity. Listed among these routine civil matters is, shockingly, "issues relating to pedigree". The draft Bill does not however explain anywhere why exactly human DNA profiling will be applied to determine pedigree.

Apart from the bald reference to pedigree issues, the draft Bill says that the information related to DNA profile shall be made available "for creation and maintenance of a population statistics Data Bank that is to be used, as prescribed, for the purposes of identification research, protocol development or quality control provided that it does not contain any personally identifiable information and does not violate ethical norms".

The Times of India, 26 July, 2015, http://timesofindia.indiatimes.com/india/DNA-profiling-bill-allows-for-intimate-samples/articleshow/48220717.cms


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