DNA Technology (Use and Application) Regulation Bill 2019: Another Aadhaar in the making

DNA Technology (Use and Application) Regulation Bill 2019: Another Aadhaar in the making

Lack of privacy and data protection laws in India - in spite of years of debate and misgivings over Aadhaar biometrics and Supreme Court's order declaring privacy a fundamental right - heightens fear of further enabling a surveillance state through DNA profiling of citizens

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No court would have jurisdiction to entertain any suit or proceeding in any matter for which the Board is empowered.No court would have jurisdiction to entertain any suit or proceeding in any matter for which the Board is empowered.
Prasanna Mohanty
  • Aug 14, 2019,
  • Updated Aug 30, 2019 3:32 PM IST

The first attempt to regulate use and application of DNA technology was made in 2003 with the constitution of a DNA Profiling Advisory Committee. A draft bill was accordingly prepared. Later, in 2012 another expert committee was set up to discuss privacy related issues and the draft was revised.

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This was then examined by the Law Commission of India, which gave it a go ahead in its July 2017 report, brushing aside too much concern on privacy saying that whether it was a fundamental right "is a matter of academic debate" and pending before the Supreme Court. A month later, in August 2017, a nine-member bench of the apex court unanimously declared privacy a fundamental right under Article 21 of the Constitution.

The DNA Technology (Use and Application) Bill of 2019 was introduced in and passed by the Lok Sabha in January this year, but lapsed before it could be taken up by the Rajya Sabha. It was reintroduced in July 2019 and is now pending in the Lok Sabha.

The first attempt to regulate use and application of DNA technology was made in 2003 with the constitution of a DNA Profiling Advisory Committee. A draft bill was accordingly prepared. Later, in 2012 another expert committee was set up to discuss privacy related issues and the draft was revised.

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This was then examined by the Law Commission of India, which gave it a go ahead in its July 2017 report, brushing aside too much concern on privacy saying that whether it was a fundamental right "is a matter of academic debate" and pending before the Supreme Court. A month later, in August 2017, a nine-member bench of the apex court unanimously declared privacy a fundamental right under Article 21 of the Constitution.

The DNA Technology (Use and Application) Bill of 2019 was introduced in and passed by the Lok Sabha in January this year, but lapsed before it could be taken up by the Rajya Sabha. It was reintroduced in July 2019 and is now pending in the Lok Sabha.

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