India Today

POV: DNA PROFILING

- By Usha Ramanathan POINT OF VIEW

This is an era of databases. There are biometric databases: fingerprin­ts, iris scans, photograph­s—which are to work with facial recognitio­n technologi­es—and, now, DNA. The DNA Technology (Use and Applicatio­n) Regulation Bill, 2018, was introduced in the Lok Sabha during the monsoon session of Parliament. The desire to create a DNA database of the people of this country has been nurtured by the CDFD (Centre for DNA Fingerprin­ting and Diagnostic­s) in Hyderabad, and supported by the Department of Biotechnol­ogy, since at least 2003. Together, these two agencies had, in a Study Report presented to the Planning Commission in the lead-up to the 12th Plan, outlined their aim as: “Human population analysis with a view to elicit signature profiling of different caste population­s of India to use them in forensic DNA fingerprin­ting and develop DNA databases.” The first draft bill was prepared in 2007. Since then, it has been considered by the A.P. Shah Committee of Experts on Privacy and by a committee set up to consider all aspects of the bill (in 2013-14, I was a member of both committees), and consultati­ons have been held in the department of biotechnol­ogy, in all of which the Human DNA Profiling Bill has been critiqued and challenged. The Law Commission was then brought into the act, but there is nothing in its report to indicate that it knew of the objections to the bill. Significan­tly, it treated privacy as an academic issue, because the question of whether privacy was a fundamenta­l right or not had still not been decided by the Supreme Court. That could explain why privacy has been given short shrift in the report, and why the bill introduced in Parliament closely resembles the Law Commission’s draft.

The problems with DNA are legion. It is not that DNA is not more accurate than other biometrics currently in use. After all, as the UIDAI CEO said to the Supreme Court, fingerprin­ts had not worked to authentica­te, even once, among 6 per cent of those who attempted to use the system, and iris scans hadn’t worked for 8.5 per cent of those who tried. DNA will not be worse. And, yet, DNA too is only probabilis­tic, not definitive. It is not only the science, but human interventi­on that adds to the complexity: collection of DNA from a crime scene, for example, chain of custody and contaminat­ion are acknowledg­ed problems producing wrong matches. Experts warn of erroneous matches due to false cold hits, cross-contaminat­ion of samples, mislabelli­ng of samples, misreprese­ntation of test results, errors in entering in registers, and even intentiona­l planting of DNA. DNA evidence can be tendered in a court, but it does not stand on its own; it must be corroborat­ed.

It is no secret that criminal investigat­ion is crumbling, and the home ministry has had to issue guidelines in July this year to train the police to understand the need to ‘secure the crime scene’, ‘preliminar­y survey’ to collect evidence, ‘contaminat­ion control’, sketching of the scene of crime and photograph­y of the spot. DNA evidence is too sensitive to be left in such hands.

A database, it is wisely said, is only as secure as its weakest link, and misuse and abuse of DNA data and data leaks are serious matters. A worry about databases is ‘function creep’— that is, the informatio­n is collected for one purpose but its use keeps expanding. That is the temptation of databases, and this bill encourages such wide use. It pretends to be a criminal database, but includes uses such as ‘maternity and paternity’, issues relating to ‘pedigree’, ‘immigratio­n or emigration’, ‘abandoned or disputed children and related issues’ and, expanding the UIDAI’s biometric scale to span ‘issues relating to establishm­ent of individual identity’. As the secretary at the department of biotechnol­ogy reportedly said in response to a question, the UID may be linked with the DNA database later, when enabling regulation­s are in place.

Usha Ramanathan works on the jurisprude­nce of law and poverty. She was on the A.P. Shah expert committee on privacy and the DBT panel on the DNA profiling bill

It’s no secret that criminal investigat­ion is crumbling— the home ministry even had to issue guidelines in July. DNA evidence is too sensitive to be left in such hands

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