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Union Cabinet clears Bill for creating special DNA profile databanks

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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”

India News

Senior Advocates Kapil Sibal, Pradeep Rai to contest for SCBA President

The SCBA elections will be held on May 16 from 10 am to 5 pm. Voters will choose the President, Vice President, Secretary, and Treasurer. The last date for filing nomination is May 9.

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Senior Advocate Kapil Sibal has entered the contest for the post of President, Supreme Court Bar Association by filing his nomination for the elections scheduled on May 16. He will contest against Senior Advocate Pradeep Rai, who was Vice-President, SCBA for 2021-22 and 2022-2023.

Sibal returns to the SCBA electoral arena after over 20 years since he held the president’s post last. Sibal had held the post thrice between 1995 and 2002. Kapil Sibal, who served as the Additional Solicitor General of India during 1989–90, joined the bar in 1972 and was designated a Senior Advocate in 1983.

Sibal became an MP for the Congress from Chandni Chowk in Delhi in 2004 and entered the Manmohan Singh Cabinet and continued to serve in both UPA governments.

Senior Advocate Pradeep Rai has over 25 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. He has litigation experience across a wide spectrum of civil, criminal, revenue and constitutional issues. During his two terms as Vice-President, SCBA, Rai founded various sub-committees of the Supreme Court Bar Association, including Grievance Committee, E-Committee, Health Committee, Bar Coordination Committee, Culture Committee and State Sub-Committee.

Senior Advocate Rai launched several schemes in the interest of the Bar including discounted travel scheme, affordable housing scheme, free medical facilities, academic-professional excellence and training programmes and free FastTag scheme for members of the Bar.

Incumbent SCBA President Senior Advocate Adish Aggarwala is standing for re-election. Apart from Sibal, Rai and Aggarwala, Senior Advocate Priya Hingorani and Senior Advocate Dushyant Dave are also in the fray.

The SCBA elections will be held on May 16 from 10 am to 5 pm. Voters will choose the President, Vice President, Secretary, and Treasurer. The last date for filing nomination is May 9. As per an SCBA circular, a draft of the list of candidates will be displayed on the notice board and on SCBA’s website on May 10.

The final list of nominations will be displayed on the SCBA notice board and its website on May 12. Following this, a debate will be held in the Supreme Court lawns between the candidates for the posts of President and Hony Secretary. Votes will be counted on May 18, Saturday.

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India News

Karnataka Police sends notice to JP Nadda, Amit Malviya over BJP’s controversial post targeting against Rahul Gandhi

BJP leaders JP Nadda and Amit Malviya have been given one week time to appear before the Bengaluru Police

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The Bengaluru Police have called BJP President JP Nadda and the party’s IT Cell chief Amit Malviya, in response to a objectionable post published by the party’s Karnataka branch. The Highgrounds Police Investigating Officer in Bengaluru sent a notice to the leaders on Wednesday.

In relation to the video, JP Nadda and Amit Malviya have been granted a week to appear before the Bengaluru Police.

Karnataka Home Minister G Parameshwara claimed the social media post amounted to assaulting specific laws against communal divisions when questioned about the police summons given to the BJP officials.

Once they (Nadda and Malviya) come and give a statement or justify their statement, we will see what needs to be taken, he said.

This comes a day after the Election Commission ordered the microblogging platform X to remove the tweet uploaded by the BJP’s Karnataka branch as soon as possible.

The letter by poll panel read that they are instructed to notify them that the post titled BJP4Karnataka violates the current legal framework. Regarding the situation, a FIR has already been filed. This further brings to your attention that on May 5, 2024, X was given a directive by the Chief Electoral Officer of Karnataka, via the Cyber Crime Division in Bengaluru, to remove the offensive message. However, the post has not been removed yet, the statement added.

Earlier, a police complaint was filed against them and BJP Karnataka unit president BY Vijayendra for sharing a video on social media that appeared to show the Congress giving preference to Muslims in matters of reservation.

The Karnataka BJP released a video in which state Chief Minister Siddaramaiah and Congressman Rahul Gandhi are shown giving Muslims more money than they are giving to SCs, STs, and OBCs.

Meanwhile, voting in Karnataka completed yesterday, in the fourth phase of polling. The results of the election will be announced on June 4.

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2024 Lok Sabha Elections

BJP calls Sam Pitroda’s controversial remarks racist, targets Rahul Gandhi

Chairman of Indian Overseas Congress, Sam Pitroda sparked controversy with remarks on India’s diversity, comparing appearances of people in different regions. BJP criticised Pitroda’s comments as racist and divisive and called for his removal.

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Indian Overseas Congress Chairman, Sam Pitroda, has sparked a controversy with his statement in which he said that people in the South India look like Africans, those in the East resemble Chinese, and those in the West resemble Arabs. The BJP has slammed Pitroda over his controversial remarks.

Assam Chief Minister and BJP leader Himanta Biswa Sarma slammed Pitroda for his controversial remarks and said he is from the North East and he looks like an Indian. He added that India is a diverse country where everyone may look different but everybody is one.  He advised the Congress leader to understand a little about India.

BJP spokesperson Shehzad Poonawalla also criticized Sam Pitroda and said that these were racist comments by a man who is the guru of Rahul Gandhi.  He said it is the words and thinking of Rahul Gandhi only because these days Rahul is also playing the politics of divide and rule to such an extent that first they divide on caste and language lines and now they are doing Indians Vs Indians.

Poonawalla further added that to make comments like Indians are like Chinese shows Pitroda’s racist mindset which is insulting to the very idea of India. The BJP spokesperson said such racist comments by the Congress leader show that Congress’ Mohabbat ki dukaan actually has Nafrat ka saaman. He said that unless Congress gives a complete explanation and sacks Sam Pitroda, such controversial remarks should be taken as the statement of the Congress.

BJPs Mandi Lok Sabha seat candidate Kangana Ranaut slammed the Congress leader for his racist remarks and said, Sam Pitroda is Rahul Gandhi’s mentor. She said everyone should listen to his racist & divisive jibes for Indians. She said Congress’s ideology is about divide & rule. She said it is sickening to call fellow Indians Chinese and African and the Congress should be ashamed of leaders like Sam Pitroda.

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