Mandatory Accreditation and Regulation of DNA Laboratories

Science Affairs Biotechnology

The Union Cabinet has approved The DNA Technology (Use and Application) Regulation Bill 2018.
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.

Important highlights:

It allows law enforcement agencies to collect DNA samples, create “DNA profiles” and special databanks for forensic-criminal investigations.
It states that all DNA data, including DNA samples, DNA profiles and records, will be only used for identification of the person and not for any other.
It creates DNA Profiling Board (DPB) that will be final authority that will authorise creation of State-level DNA databanks, approve the methods of collection and analysis of DNA-technologies. It makes accreditation and regulation mandatory for DNA laboratories.
It allows government to set up DNA data banks across India to store profiles. These banks will maintain national database for identification of victim, accused, suspects, undertrials, missing persons and unidentified human remains.
It also empowers government to impose jail term of up to 3 years and fine of up to Rs. 1 lakh on those who leak information stored in such facilities. It prescribes similar punishment for those who seek information on DNA profiles illegally.

Analysis:

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.
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).

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