HOW TO TAG A LAW BY ITS EYES
NEW PROVISIONS
Identification measurements will be taken not only of convicts but also of anyone arrested or detained
Measurements include finger-, palm- and footprint impressions, photographs, iris and retina scans, physical, biological samples, plus behavioural attributes, including signatures, handwriting or any other examination referred to in the Code of Criminal Procedure, 1973
The records can be retained in digital or electronic form for 75 years from the date of collection
Refusal to give measurements shall be deemed an offence under Section 186 of the Indian Penal Code
The NCRB can share and disseminate personal data with law enforcement agencies
WHAT THE EARLIER LAW SAID
Measurements can be taken only of convicts and anyone arrested for an offence punishable with RI of over a year
Measurements included photographs, fingerprints, and footprint impression
No specific time-limit was mentioned
The old law said the same
Data used to remain with respective state governments or relevant jurisdictional authorities
CAUSE FOR CONCERN
The government could use the provision against political detainees
If biological samples or behavioural attributes include tests like brain mapping, lie detector tests or narcoanalysis, it’s a violation of the fundamental right to privacy
Such long recordkeeping is unnecessary, violates people’s right to be forgotten
Nobody can be forced to provide evidence against himself/ herself
The data collected could be misused for purposes other than the stated objective
CENTRE’S DEFENCE
Union home minister says it will be mandatory only for people accused of heinous crimes
The government says rules will be framed to define crime categories for which ‘measurements’ will be applicable
Records will be destroyed if a person is acquitted or discharged without trial
Only accused in crimes against women/ children or for 7-year jail offences have to give biological samples
Rules will be framed for the collection, storage, sharing, dissemination and destruction of data