Approach:

Introduction: Briefly introduce the DNA regulation bill,2019

Body: Write positive and negative implications of the DNA bill in ensuring justice and protecting civil liberties.

Conclusion: Provide a holistic conclusion in accordance with the question

Approach:

DNA Technology (Use and Application) Regulation Bill, 2019 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. It holds significant importance in ensuring justice and protecting civil liberties in India.

However recently the Parliamentary Standing Committee highlighted that the bill could be used to target segments of society based on religion, caste or political views and hence withdrew the bill altogether.

The creation and maintenance of such a database can have various positive implications:

1. Enhancing Criminal Investigation: A National DNA Database would serve as a comprehensive repository of DNA profiles collected from crime scenes, suspects, victims, and volunteers. This centralized database can expedite criminal investigations by enabling law enforcement agencies to match DNA evidence to existing profiles, helping identify perpetrators more efficiently and accurately.

1. Reducing Wrongful Convictions: By comparing DNA evidence from crime scenes with the DNA profiles of suspects, the database can help prevent wrongful convictions and protect innocent individuals from unjust punishment.

1. Strengthening the Justice System: It provides solid scientific evidence that can be used to corroborate or refute witness statements, thus increasing the reliability of court proceedings and verdicts.

1. Assisting Missing Person Investigations: The database can aid in identifying missing persons by comparing DNA profiles of unidentified remains with those of missing individuals or their relatives. This can bring closure to families and assist law enforcement in locating and reuniting missing persons with their loved ones.

1. Facilitating Parentage Disputes: In civil matters related to parentage disputes, such as establishing paternity for child support or inheritance cases, DNA profiling from the database can provide conclusive evidence to resolve legal issues.

Negative implications on ensuring justice and protecting civil liberties in several ways:

1. Privacy Concerns: Collecting and storing individuals' DNA profiles on a massive scale could lead to potential misuse or unauthorized access to sensitive genetic information. There is a risk of the database becoming a target for hacking and data breaches, potentially compromising the privacy and security of millions of citizens.

1. Civil Liberties and Human Rights: The creation of a National DNA Database could infringe upon individuals' civil liberties and human rights, particularly the right to privacy and the presumption of innocence. Innocent individuals may be subjected to intrusive DNA profiling and constant surveillance without any reasonable suspicion or evidence against them, violating their fundamental rights.

1. Potential for Misuse and Profiling: Law enforcement or government agencies may use the data for profiling individuals based on their genetic information, leading to discrimination and unfair targeting of specific communities or vulnerable populations.

1. False Matches and Errors: DNA evidence, though powerful, is not infallible. Errors can occur during sample collection, analysis, or database matching, leading to false matches and wrongful accusations. Innocent people could be wrongly implicated in criminal cases, resulting in serious consequences for their lives.

1. Lack of Regulation and Oversight: The DNA Technology Bill lacks comprehensive regulations and oversight to prevent potential abuses of the database. Without strict guidelines and independent monitoring, there is a risk of unauthorised access, data tampering, or misuse of the genetic information stored in the database.

While the creation of a National DNA Database has the potential to enhance criminal investigations and expedite justice delivery, it must be balanced with robust safeguards to protect individual rights, privacy, and civil liberties. Proper legislation, oversight, and transparency are essential to ensure that the database is used responsibly and ethically, without infringing upon citizens' fundamental rights.