JOIN USThe Criminal Procedure (Identification) Bill, 2022, which was introduced by the government in the Lok Sabha on Monday and which proposes to enable the police and prison authorities to collect biometric measurements of arrested persons and convicted prisoners, has raised serious concerns over its potential for violation of fundamental rights like the right to live with dignity and the right to privacy. The bill empowers officials to collect physical and biological samples of arrested persons, undertrials, those held under preventive laws, and convicts. It will enable storing and analysing of physical and biological samples, iris and retina scans, signatures and handwriting. The present law allows for collection of only fingerprints and footprints of certain convicts. The government says that the measures proposed by the bill will help investigative agencies in their work, lead to better prosecution, and a higher conviction rate in cases.
The Opposition has strongly opposed the provisions of the bill on the ground that they violate constitutional and human rights and can be misused in many ways. Ownership of personal data is an important right and the bill lowers the threshold for their protection too low. Informed consent is an important requirement in the collection of personal data of citizens, but the bill has scant regard for the norm. It allows use of force in the collection of data from unwilling persons. The bill can lead to collection of personal and biological data of citizens on the suspicion that they will commit a crime in future. It is also pointed out that the bill would fall foul of the constitutional provision that protects an accused from being forced to be a witness against self. Critics of the government, protesters, rights activists and political workers and leaders may face the prospect of their personal data being collected and misused. There is also no penalty for misuse of the provisions of the bill by any authority.
The bill also poses the danger of DNA profiling of certain communities or groups. Over 66% of undertrials in Indian jails belong to the SC, ST, OBC and minority communities. With the effective and extensive use of DNA data in cases, these communities will increasingly suffer the burden of perceived criminality. The government can also use the law for profiling of minorities, and other groups, as it is happening in some authoritarian countries. Citizens will be especially vulnerable in the absence of a personal data protection law, which has been pending since 2019. The draconian provisions of the bill will be considered as part of other measures enacted and implemented by the government for the control and surveillance of the people. Its legality and constitutionality will certainly be questioned in the Supreme Court.