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Union Cabinet clears Bill for creating special DNA profile databanks

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6 years ago

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Union Cabinet clears Bill for creating special DNA profile databanks

The Union Cabinet has cleared the contentious DNA Technology (Use and Application) regulation bill 2018 that seeks to create DNA data banks across India to store profiles for forensic-criminal investigations.

The proposed Bill also provides for a jail term of up to three years to those who leak the information stored in such facilities.

“The primary intended purpose for enactment of “The DNA Technology (Use and Application) Regulation Bill” is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country,” said the government statement on the Cabinet decision.

This is the latest version of a Bill that originated as a DNA “profiling” Bill, framed by the Department of Biotechnology, reported The Hindu. The aim of that draft legislation was to set up an institutional mechanism to collect and deploy DNA technologies to identify persons based on samples collected from crime scenes or for identifying missing persons.

However there was opposition, in that some activists argued that the manner in which DNA information was to be collected and the way they were to be stored by forensic laboratories constituted a violation of privacy.

A senior official familiar with the Bill said that several clauses of the Bill were tightened to make it stronger and immune to data abuse.

“This doesn’t aim to create a database of DNA profiles…The databanks can only store information related to criminal investigations and the DNA details of suspects will be deleted,” said Renu Swarup, Secretary, Department of Biotechnology, according to The Hindu.

The Bill creates a DNA Profiling Board that would be the final authority that would authorise the creation of State-level DNA databanks, approve the methods of collection and analysis of DNA-technologies.

The bill’s provision would enable cross-matching between persons who have been reported missing and unidentified dead bodies found in various parts of the country on the other.

It would also help to establish the identity of victims in mass disasters, says a press note issued by the Cabinet.

The most important application of the legislation would be in the criminal justice system as it would allow the government to maintain a DNA database for the criminals convicted of heinous crimes.

Over a period of time, the database is expected to lead to better justice delivery and improve conviction rate, which currently stands at 30%. In addition, the bill provides for mandatory accreditation and regulation of DNA laboratories, preventing non-accredited laboratories to test DNA samples.

The statement issued by the government said 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).

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, said the statement.

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%, as per the NCRB Statistics for 2016.

The Bill will be introduced in Parliament during the Monsoon Session beginning July 18, said media reports quoting government sources.

The bill, based on the one prepared by the Law Commission recently, says that national and regional DNA data banks will be set up for maintaining a national database for identification of victims, suspects in cases, undertrials, missing persons and unidentified human remains.

Those leaking the DNA profile information to people or entities who are not entitled to have it, will be punished with a jail term of up to three years and a fine of up to Rs. 1 lakh. Similar punishment has also been provided for those who seek the information on DNA profiles illegally.

Minister for Science Dr Harsh Vardhan, tweeting about the Cabinet decision, said: “Cabinet approved a bill for use & regulation of #DNATechnology. It seeks appln of DNA based #ForensicTechnologies to support & strengthen justice delivery system, devmt of uniform code of practices in all labs & scientific upgradation & streamlining of #DNA_Testing. @DBTIndia”

The Congress criticized it as an assault on fundamental right to privacy. Congress spokesperson Manish Tewari tweeted: “DNA Technology(Use and Application) Regulation bill 2018 cleared by Union Cabinet yesterday is a direct assault on  fundamental right to privacy. Seeks to legitimise DNA profiling in name of criminal investigations. It is bio-technology version of NATGRID. Needs to be opposed”

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2024 Lok Sabha Elections

Amit Shah accuses Congress of preserving Article 370 for 70 years

Shah was addressing a Lok Sabha election rally in Jaunpur district of Uttar Pradesh where he said the Congress and the Samajwadi Party preserved Article 370 for 70 years, due to which terrorism in the country increased.

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11 hours ago

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May 19, 2024

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Amit Shah accuses Congress of preserving Article 370 for 70 years

Union Home Minister Amit Shah on Sunday attacked Congress on Sunday for preserving Article 370 of the Constitution, due to which terrorism increased in the country. He further added that BJP will never let another division of the country happen. Shah was addressing a Lok Sabha election rally in Jaunpur district of Uttar Pradesh where he said the Congress and the Samajwadi Party preserved Article 370 for 70 years, due to which terrorism in the country increased.

Addressing the people Shah said they had made Modiji the prime minister for the 2nd time and he abrogated Article 370 from Jammu and Kashmir on August 5, 2019.  He compared the situation to earlier times in the valley, when the Army had to be taken along for hoisting the tricolour, at that same Lal Chowk (Jammu and Kashmir) to the situation now when the shobhayatra of Lord Krishna is being taken out. The rally was organised to garner support for B P Saroj, the BJP candidate from the Machhlishahr Lok Sabha constituency in Jaunpur.

Shah further added that the divisive policies of the Congress want to divide the country again but BJP will never let that happen again. The Union Home Minister accused the grand old party of spreading lies that if PM Modi comes to power for a 3rd time at the centre then he will abolish reservation.

Shah Pointed out that the prime minister has been in majority for the last 10 years and he did not use it to abolish reservation. Shah said, he wanted to ask (SP chief) Akhilesh Yadav and (Congress leader) Rahul Gandhi that when their government was in power for 10 years, what did Uttar Pradesh get in that period? The UPA government gave Rs 4.9 lakh crore to Uttar Pradesh in 10 years as compared to the NDA government which gave Rs 19.11 lakh crore.

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2024 Lok Sabha Elections

Arvind Kejriwal says BJP started Operation Jhaadu to crush AAP

The Delhi chief minister alleged BJP has started Operation Jhaadu so that they do not grow big and become a challenge to them

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15 hours ago

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May 19, 2024

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Arvind Kejriwal says BJP started Operation Jhaadu to crush AAP

Delhi chief minister Arvind Kejriwal on Sunday alleged BJP has started Operation Jhaadu to crush the Aam Aadmi Party since its popularity among the people is rising too fast. Kejriwal was addressing Aam Aadmi Party workers at the party office in New Delhi where he claimed the AAP’s bank accounts would be frozen after elections and they will be brought on the roads and left without an office.

The Delhi chief minister alleged BJP has started Operation Jhaadu so that they do not grow big and become a challenge to them.  He further added that through Operation Jhaadu, AAP’s big leaders will be arrested; they are being arrested, and in the coming days, Aam Aadmi Party’s bank accounts will be frozen.

Kejriwal pointed out that ED’s lawyer has already given this statement in court that soon after the election, AAP’s bank accounts will be frozen. He said that if they freeze their accounts now, then AAP will get sympathy. As a result after the election, ED will freeze AAP’s bank accounts. He said AAP’s party office will be cleared out, and the party will be brought to the streets.  Kejriwal said these are the 3 plans made by the BJP.

The Delhi chief minister claimed that no gold or money has been recovered from him, and the BJP, by creating false cases has got AAP leaders arrested. Kejriwal recalled that since the time he came to power in 2015, many allegations had been against him by the BJP. He said after the liquor policy scam has happened people are asking them if the scam happened then where is the money. He pointed out that in other places, when raids happen, notes and gold are recovered, but here nothing was found. Kejriwal asked the people that where is all the money? He said BJP had made fake cases and arrested AAP leaders.

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2024 Lok Sabha Elections

PM Modi says Congress is the mother of corruption, party was involved in coal and 2G scams

PM Modi said, Congress and JMM know nothing about development and their only job is to speak lies, loudly, again and again, and everywhere, their only objective is to do an the X-ray of poor people’s wealth and steal it.

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17 hours ago

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May 19, 2024

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PM Modi says Congress is the mother of corruption, party was involved in coal and 2G scams

Prime Minister Narendra Modi addressed an election rally in Jharkhand’s Jamshedpur on Sunday (May 19) amid the ongoing Lok Sabha Elections 2024.  While addressing the election rally in Jamshedpur PM Modi said, people’s excitement told him what result will come on June 4 in Jamshedpur.

He recalled the time when he used to work as a BJP party worker for many years and used to ask people at that time they would come at 10 or 11 am to attend an election rally. But today he was witnessing a huge crowd here. The prime minister thanked all of them and said Lok Sabha election decides and strengthens the future of the country.

During a public rally in Jamshedpur, PM Modi said, Congress and JMM know nothing about development and their only job is to speak lies, loudly, again and again, and everywhere, their only objective is to do an the X-ray of poor people’s wealth and steal it. He further accused the Congress and JMM of snatching the reservation of SC and ST and the party leaders of the two parties are continuously abusing Modi every day. He asked if they are not able to think beyond this? He said the whole country has realised their truth.

PM Modi said, Congress and their ally parties, wherever they have governments, he challenged those chief ministers and this is not his political statement. The prime minister said Congress’s Shehzada keeps opposing business industries, businessmen and investments.

 PM Modi asked which businessman will go and invest in those states? What will happen to the youths of those states?  He said all investors who come to him and say that they would not go to these states because of their ideology against them. He said businessmen are verbally abused there and investors are forced to think that since Shehzada has this kind of thoughts, his ally parties would have the same thoughts as well. PM Modi added Congress is the mother of corruption and party was involved in coal and 2G scams as well

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