•       The Bill seeks to create a Regulatory Framework for Obtaining, storing and testing of DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person.
•       The proposed law seeks to bring in a supervisory structure to oversee these practices, and frame guidelines and rules so that the DNA technology is not misused.
•       Bill proposes to set up two institutional structures — a DNA regulatory board, and a DNA data bank — at the national level. Regional centers of the board as well as the data bank can be set up at the state level as well.
•       The Bill proposes that testing of DNA samples can be carried out only at laboratories that are authorized to do so by the regulatory board. It also specifies the circumstances under which a person can be asked to submit DNA samples.
•       Police can ask for DNA samples of the person accused of an offence to facilitate their investigation. But unless the offence is of a very serious nature, punishable by death or by imprisonment for at least seven years, the DNA sample can be obtained only on the written consent of the accused. It can be also be obtained if an authorized magistrate is satisfied that a DNA test is absolutely necessary for investigation of the crime.
•       People who are witness to a crime, or want to locate their missing relatives, or in similar other circumstances, can volunteer to give their DNA samples, again through written consent.

Issues:

•    Whether the DNA technology is foolproof?
•       Whether the provisions adequately address the possibility of abuse of DNA information, and whether the privacy of the individual is protected.
•       Critics of the Bill have been claiming that collecting and storing such intrusive information could lead to abuse, besides being violative of a person’s privacy. 

Government Stand:

•       Since DNA tests are already happening, and frequently used as the most reliable tool to establish identity, it would be better to have regulatory safeguards so that it is carried out only in prescribed manner and by authorized personnel and Institutions.