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Parliament of India Rajya Sabha REPORT NO. 340 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON SCIENCE AND TECHNOLOGY, ENVIRONMENT, FORESTS AND CLIMATE CHANGE THREE HUNDRED FORTIETH REPORT The DNA Technology (Use And Application) Regulation Bill, 2019 (Presented to the Rajya Sabha on 3rd February, 2021) (Laid on the Table of Lok Sabha on 3rd February, 2021) Rajya Sabha Secretariat, New Delhi February, 2021/Magha, 1942 (Saka) Website : http://rajyasabha.nic.in Email: [email protected] Hindi version of this publication is also available PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON SCIENCE AND TECHNOLOGY, ENVIRONMENT, FORESTS AND CLIMATE CHANGE THREE HUNDRED FORTIETH REPORT The DNA Technology (Use And Application) Regulation Bill, 2019 (Presented to the Rajya Sabha on 3rd February, 2021) (Laid on the Table of Lok Sabha on 3rd February, 2021) Rajya Sabha Secretariat, New Delhi February, 2021/Magha, 1942 (Saka) C O N T E N T S PAGES 1. COMPOSITION OF THE COMMITTEE (i)-(ii) 2. INTRODUCTION (iii)-(iv) 3. ACRONYMS (v) 4. REPORT 1-37 (1) Introduction 1 (2) Background to the DNA Technology Bill 1-4 (3) Highlights of the Bill 4-6 (4) Expert Testimony 6-8 (5) Committee’s Observations on the Bill 8-9 (6) Clause-by-Clause Recommendations 10-37 5. NOTE OF DISSENT 5.1 Note of Dissent received from the Shri Asaduddin Owaisi, M.P., 38-49 Lok Sabha 5.2 Note of Dissent received from Shri Binoy Viswam, M.P., Rajya 50 Sabha 5.3 Response of the Chairman to the Notes of Dissent 51-74 6. MINUTES 7. ANNEXURES I. The DNA Technology (Use and Application) Regulation Bill, 75-111 2019” II. List of persons/organisations who submitted memoranda to the 112-113 Committee (Statement I) List of Non-official/official expert witnesses who appeared before the Committee (Statement II) III. Additional views on the Bill requested and received by the 114-135 Chairman COMPOSITION OF THE COMMITTEE (2019-20) (Constituted on 13th September, 2019) 1. Shri Jairam Ramesh – Chairman RAJYA SABHA 2. Shri Anil Baluni 3. Shri Binoy Viswam 4. Shri R.S. Bharathi 5. Shrimati Vandana Chavan 6. Shri Hishey Lachungpa 7. Shri Bhaskar Rao Nekkanti 8. Shri Ashwini Vaishnaw 9. Shri Ravi Prakash Verma 10. #Shri Maharaja Sanajaoba Leishemba LOK SABHA 11. Shri Guharam Ajgalley 12. Shri Pradan Baruah 13. Shri E.T. Mohammed Basheer 14. Shri Jashvantsinh Sumanbhai Bhabhor 15. Shri Sudarshan Bhagat 16. Shri Rameshbhai Lavjibhai Dhaduk 17. Shri Anantkumar Hegde 18. Shrimati Jyotsna Charandas Mahant 19. Dr. Swami Sakshiji Maharaj 20. Shri Asaduddin Owaisi 21. Shri S.R. Parthiban 22. Dr. Ranjan Singh Rajkumar 23. Shri Kotha Prabhakar Reddy 24. Dr. Jayanta Kumar Roy 25. Shrimati Satabdi Roy (Banerjee) 26. Shri Mahesh Sahoo 27. Shri Francisco Cosme Sardinha 28. Shri Anurag Sharma 29. Shri Ram Shiromani 30. Shri Kirti Vardhan Singh 31. Dr. Ramapati Ram Tripathi SECRETARIAT Smt. Sunita Sekaran, Joint Secretary Shri T. N. Pandey, Director Shri S. Rangarajan, Additional Director Shri Rajiv Saxena, Under Secretary Shri Harish Kumar, Committee Officer Shri Ankit Chansoria, Assistant Committee Officer #Nominated w.e.f. 22nd July, 2020 in lieu of Shri Parimal Nathwani who ceased to be a Member of the Committee on expiry of his term in Rajya Sabha w.e.f. 9th April, 2020. (i) COMPOSITION OF THE COMMITTEE (2020-21) (Constituted w.e.f. 13th September, 2020) 1. Shri Jairam Ramesh – Chairman RAJYA SABHA 2. Shri Anil Baluni 3. Shri Binoy Viswam 4. Shri R.S. Bharathi 5. Shrimati Vandana Chavan 6. Shri Hishey Lachungpa 7. Shri Bhaskar Rao Nekkanti 8. Shri Ashwini Vaishnaw 9. Shri Ravi Prakash Verma 10. @Shrimati Seema Dwivedi LOK SABHA 11. Shri Guharam Ajgalley 12. Shri Pradan Baruah 13. Shri E.T. Mohammed Basheer 14. Shri Jashvantsinh Sumanbhai Bhabhor 15. Shri Sudarshan Bhagat 16. Shri Rameshbhai Lavjibhai Dhaduk 17. Shri Anantkumar Hegde 18. Shrimati Jyotsna Charandas Mahant 19. Dr. Swami Sakshiji Maharaj 20. Shri Asaduddin Owaisi 21. Shri S.R. Parthiban 22. Dr. Ranjan Singh Rajkumar 23. Shri Kotha Prabhakar Reddy 24. Dr. Jayanta Kumar Roy 25. Shrimati Satabdi Roy (Banerjee) 26. Shri Mahesh Sahoo 27. Shri Francisco Cosme Sardinha 28. Shri Anurag Sharma 29. Shri Ram Shiromani 30. Shri Kirti Vardhan Singh 31. Dr. Ramapati Ram Tripathi SECRETARIAT Shri Pradeep Chaturvedi, Joint Secretary Shri T. N. Pandey, Director Shri Rakesh Anand, Additional Director Shri Rajiv Saxena, Under Secretary Shri Harish Kumar, Committee Officer Shri Ankit Chansoria, Assistant Committee Officer ___________________________________________________________________ @ Nominated w.e.f. 23rd December, 2020, in lieu of Shri Ravi Prakash Verma who ceased to be a member of the Committee on expiry of his term in Rajya Sabha on 25th November, 2020. (ii) INTRODUCTION I, the Chairman of the Department-related Parliamentary Standing Committee on Science and Technology, Environment, Forests and Climate Change, having been authorised by the Committee to present the Report on its behalf, do hereby present this Three Hundred Fortieth Report on “The DNA Technology (Use And Application) Regulation Bill, 2019”. 2. In pursuance of Rule 270 of the Rules of Procedure and Conduct of Business in the Council of States relating to the Department-related Parliamentary Standing Committees, the Hon’ble Chairman, Rajya Sabha, in consultation with the Speaker, Lok Sabha, referred “The DNA Technology (Use And Application) Regulation Bill, 2019” as introduced in Lok Sabha and pending therein, to the Department-related Parliamentary Standing Committee on Science and Technology, Environment, Forests and Climate Change on the 15th October, 2019, for examination and report within a period of three months. On the request of the Chairman of the Committee, Hon'ble Chairman, Rajya Sabha granted extension of time upto the end of the first week of the Winter Session, 2020 for presentation of Report. Since the Winter Session, 2020 was not convened, the Committee is presenting this Report in the Budget Session 2021 of Parliament. 3. The Committee issued a Press Advertisement seeking the comments/views of the experts/public at large on the Bill in order to have a threadbare examination of the Bill after wider consultation with the stakeholders. In response thereto, a number of memoranda from different individuals/organistations were received. 4. In its meeting held on 31st October, 2019, the Committee heard the views of the Secretary and other officers of the Department of Biotechnology on the Bill. In its subsequent meetings held on the 27th and 28th November 2019 and 16th January 2020, the Committee heard the views of non-official/official expert witnesses on the Bill. 5. The Committee wishes to express its thanks to the Secretary and other officers of Department of Biotechnology and the representatives of Ministry of Law and Justice for placing before the Committee the material and information desired in connection with the examination of the Bill. The Committee also acknowledges the contribution of all those who deposed before the Committee and also those who gave their valuable suggestions on the provisions of the Bill to the Committee through their written submissions. (iii) 6. The Committee also considered the Bill in its meetings held on 24th August, 3rd and 10th September, 2020 and 11th January, 2021. The Committee considered and adopted the draft Report in its meeting held on 1st February, 2021. ( JAIRAM RAMESH ) NEW DELHI; Chairman, 1st February, 2021 Department-related Parliamentary Standing Committee on Magha 12, 1942 (Saka) Science and Technology, Environment, Forests and Climate Change, Rajya Sabha (iv) ACRONYMS CBI Central Bureau of Investigation CDFD Centre for DNA Fingerprinting and Diagnostics DBT Department of Biotechnology DNA Deoxyribonucleic acid D-PAC DNA Profiling Advisory Committee GFSU Gujarat Forensic Sciences University GoM Group of Ministers IISER Indian Institute of Science Education and Research LCI Law Commission of India MHA Ministry of Home Affairs NALSAR National Academy of Legal Studies and Research NCRB National Crime Records Bureau NGOs Non-Governmental Organisations NIA National Investigation Agency S&T Science and Technology (v) REPORT 1. The Chairman, Rajya Sabha, in consultation with the Hon'ble Speaker, Lok Sabha, referred1 ―The DNA Technology (Use and Application) Regulation Bill, 2019‖ (Annexure-I) as introduced in Lok Sabha on 8th July, 2019 and pending therein, to the Department-related Parliamentary Standing Committee on Science and Technology, Environment, Forests and Climate Change for examination and report. 2. Background to the DNA Technology (Use and Application) Bill, 2019 2.1. The Department of Biotechnology (DBT) submitted in its note to the Committee that: a. DNA testing is currently being done on an extremely limited scale in India, with approximately 30-40 DNA Experts in 15-18 laboratories undertaking less than 3000 cases per year, which represent 2-3% of the total need. However, the standards of the laboratories are not monitored or regulated. b. DNA fingerprinting is already practised in our country and the evidence has been used in many criminal court cases with success. Thus, the procedures for crime scene collection, sample storage, chain of custody, contamination, data analysis etc. are quite routine and what the Bill will do is ensure that they become standards for accreditation, which is currently not statutory. c. As per the National Crime Records Bureau (NCRB) reports, there are 40,000 unidentified bodies per year that need identification. NCRB also reported that nearly 100,000 children go missing every year across the country. So, there is an urgent need to provide a framework for empowering the justice delivery system. 2.2. The DBT submitted the following outline to the Committee on the genesis of the Bill: a. Use of DNA technology in justice delivery system emerged as one of the recommendations during a seminar held in Hyderabad in September 2003 on ―Impact of new biology on justice delivery system‖.
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