Today's Headlines - 26 July 2023
Centre withdraws DNA Bill
GS Paper - 3 (Biotechnology)
The Union government withdrew the DNA Technology (Use and Application) Regulation Bill, 2019, from the Lok Sabha. First proposed in 2003, the Bill has gone through numerous changes, led by both the Department of Biotechnology and the Law Ministry, over the years. In 2019, it was referred to the Parliamentary Standing Committee after being introduced in the Lok Sabha. Two years later, the panel’s report was released, in which it highlighted the fears of a number of MPs, saying the Bill could be misused to target segments of society based on religion, caste or political views.
What is the Bill?
The Bill seeks to create a regulatory framework for obtaining, storing and testing DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person.
DNA testing is already being used for a variety of purposes, such as criminal investigations, establishment of parentage, and search for missing people.
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.
To achieve these objectives, the Bill proposes to set up two institutional structures — a DNA regulatory board and a DNA data bank — at the national level. Regional centres of the board as well as the data bank can be set up at the state level too.
The board, which is proposed to be the main regulatory authority, would frame the rules and guidelines for DNA collection, testing and storage, while the data bank would be the repository of all DNA samples collected from various people under specified rules.
The Bill proposes that testing of DNA samples can be carried out only at laboratories that are authorised to do so by the regulatory board.
It also specifies the circumstances under which a person can be asked to submit DNA samples, the purposes for which such requests can be made, and the exact procedure for handling, storing and accessing these samples.
What are the objections against the Bill?
The main debate over the proposed law has been around three issues — whether 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.
DNA information can be extremely revelatory. It can not only establish a person’s identity but also reveal a lot about physical and biological attributes of the person like eye, hair or skin colour, susceptibility to diseases, possible medical history, and possible clues to biological relatives.
For years, 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.
What has the government said?
The government has defended the Bill by arguing that nearly 60 countries have enacted similar legislation and that all important matters related to privacy, confidentiality and data protection have been taken into account.
It has also claimed that very limited information is proposed to be stored in the indices — just 17 sets of numbers out of billions that DNA samples can reveal. These can tell nothing about the individual and only act as a unique identifier.
#upsc #news #DNAbill #withdraws #technology #Department #biotechnology #lawministry #parliamentary #loksabha #criminal #parliamentary #committee #bill #government #violative #privacy #attributes
Centre withdraws DNA Bill
GS Paper - 3 (Biotechnology)
The Union government withdrew the DNA Technology (Use and Application) Regulation Bill, 2019, from the Lok Sabha. First proposed in 2003, the Bill has gone through numerous changes, led by both the Department of Biotechnology and the Law Ministry, over the years. In 2019, it was referred to the Parliamentary Standing Committee after being introduced in the Lok Sabha. Two years later, the panel’s report was released, in which it highlighted the fears of a number of MPs, saying the Bill could be misused to target segments of society based on religion, caste or political views.
What is the Bill?
The Bill seeks to create a regulatory framework for obtaining, storing and testing DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person.
DNA testing is already being used for a variety of purposes, such as criminal investigations, establishment of parentage, and search for missing people.
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.
To achieve these objectives, the Bill proposes to set up two institutional structures — a DNA regulatory board and a DNA data bank — at the national level. Regional centres of the board as well as the data bank can be set up at the state level too.
The board, which is proposed to be the main regulatory authority, would frame the rules and guidelines for DNA collection, testing and storage, while the data bank would be the repository of all DNA samples collected from various people under specified rules.
The Bill proposes that testing of DNA samples can be carried out only at laboratories that are authorised to do so by the regulatory board.
It also specifies the circumstances under which a person can be asked to submit DNA samples, the purposes for which such requests can be made, and the exact procedure for handling, storing and accessing these samples.
What are the objections against the Bill?
The main debate over the proposed law has been around three issues — whether 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.
DNA information can be extremely revelatory. It can not only establish a person’s identity but also reveal a lot about physical and biological attributes of the person like eye, hair or skin colour, susceptibility to diseases, possible medical history, and possible clues to biological relatives.
For years, 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.
What has the government said?
The government has defended the Bill by arguing that nearly 60 countries have enacted similar legislation and that all important matters related to privacy, confidentiality and data protection have been taken into account.
It has also claimed that very limited information is proposed to be stored in the indices — just 17 sets of numbers out of billions that DNA samples can reveal. These can tell nothing about the individual and only act as a unique identifier.
#upsc #news #DNAbill #withdraws #technology #Department #biotechnology #lawministry #parliamentary #loksabha #criminal #parliamentary #committee #bill #government #violative #privacy #attributes
Today's Headlines - 02 August 2023
Birth certificate as single document
GS Paper - 2 (Polity)
The Registration of Births and Deaths Act 1969 is likely to be amended for the first time in 54 years of its existence, with the Union Government introducing a Bill in Lok Sabha that allows the use of a birth certificate as a single document for admission in schools and colleges, issuance of driving licence and appointment to a government job.
More about the Bill
The proposed amendments also allow the use of a birth certificate for preparation of voter list, issuance of Aadhaar number and registration of marriage even as critics earlier opposed the government plans citing privacy concerns, infringing states’ rights and claiming that it gives unbridled data about people to the government.
The amendments are needed to keep pace with societal change and technological advancements and to make it more citizen friendly. Consultations were held with state governments, public and other stakeholders.
According to the Statement of Objects and Reasons of the Bill, the amendments provides for the use of the birth certificate as a single document to prove the date and place of birth of a person born on or after the date of commencement of the amendments for a variety of things.
The database of births and deaths will be made available to authorities dealing with population register, electoral rolls, Aadhaar number, ration card, passport, driving licence, property registration and other databases notified by the union government.
The Bill also provides for facilitating registration process of adopted, orphan, abandoned, surrendered, surrogate child and child to a single parent or unwed mother, to make it mandatory for all medical institutions to provide a certificate as to the cause of death to the registrar and a copy of the same to the nearest relative.
Special "sub-registrars" can be appointed in the event of disaster or epidemic for speedy registration of deaths and issue of certificates, to collect Aadhaar numbers of parents and informants, if available, in case of birth registration.
The bill will also ensure addressing the grievances of the general public aggrieved by any action or order of the registrar or district registrar and to enhance the penalties provided in the Act.
#upsc #news #headline #birth #certificate #document #polity #goverment #bill #loksabha #schools #colleges #job #amendments #adhaar #number #privacy #electoral #population #ration #passport #driving #disaster #epidemic #mandatory #medical #institutions
Birth certificate as single document
GS Paper - 2 (Polity)
The Registration of Births and Deaths Act 1969 is likely to be amended for the first time in 54 years of its existence, with the Union Government introducing a Bill in Lok Sabha that allows the use of a birth certificate as a single document for admission in schools and colleges, issuance of driving licence and appointment to a government job.
More about the Bill
The proposed amendments also allow the use of a birth certificate for preparation of voter list, issuance of Aadhaar number and registration of marriage even as critics earlier opposed the government plans citing privacy concerns, infringing states’ rights and claiming that it gives unbridled data about people to the government.
The amendments are needed to keep pace with societal change and technological advancements and to make it more citizen friendly. Consultations were held with state governments, public and other stakeholders.
According to the Statement of Objects and Reasons of the Bill, the amendments provides for the use of the birth certificate as a single document to prove the date and place of birth of a person born on or after the date of commencement of the amendments for a variety of things.
The database of births and deaths will be made available to authorities dealing with population register, electoral rolls, Aadhaar number, ration card, passport, driving licence, property registration and other databases notified by the union government.
The Bill also provides for facilitating registration process of adopted, orphan, abandoned, surrendered, surrogate child and child to a single parent or unwed mother, to make it mandatory for all medical institutions to provide a certificate as to the cause of death to the registrar and a copy of the same to the nearest relative.
Special "sub-registrars" can be appointed in the event of disaster or epidemic for speedy registration of deaths and issue of certificates, to collect Aadhaar numbers of parents and informants, if available, in case of birth registration.
The bill will also ensure addressing the grievances of the general public aggrieved by any action or order of the registrar or district registrar and to enhance the penalties provided in the Act.
#upsc #news #headline #birth #certificate #document #polity #goverment #bill #loksabha #schools #colleges #job #amendments #adhaar #number #privacy #electoral #population #ration #passport #driving #disaster #epidemic #mandatory #medical #institutions
Today's Headlines - 22 August 2023
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity