Sunday, March 31, 2013

Citizens’ Charter Bill 2011

Citizens’ Charter; The Right of Citizens For Time Bound Delivery of Goods; Services; Redressal of Their Grievances Bill 2011

What is a Citizens’ charter?

  • Citizen charter is a similar concept- applied to public organizations.
  • Basically a public organization will write on a paper “we provide this this and this services with this this and this time limit. If you don’t get the service within that time, contact xyz officer.”
  • Such written document is called citizens’ charter. You can see citizen charters in the websites of almost all union ministries, PSUs, and Public sector banks. click me to see the citizens’ charter of Environment Ministry.
  • Prime Minister John Major introduced the first citizens’ charter in early 1990s in UK.
Components of a Citizens’ Charter:
  • Vision –mission statement
  • The list of services delivered. Names and contanct numbers of officials responsible. Grievances redressal mechanism, in case service is not delivered.
  • List of responsibilities of the citizens in the context of the charter. (that you’re supposed to bring this this and this documents if you want to get xyz service in time.)
Advantages of Citizen charter?
  • He can avail services in a time bound manner.
  • Will not have to depend on the mercy of the bureaucracy.
  • He will not have to face long delays due to red tape.
  • For a passport, a birth or death certificate, a driving licence or a ration card, Aam Aadmi need not have to sweat it out. There will not be any need to grease palms of corrupt officials.
  • He can seek compensation for undue delay in delivery of service.
  • For ex: In Europe people are compensated if the train gets delayed.
  • Basic thrust of Citizens Charter is to make public services citizen centric by ensuring that these services are demand driven rather than supply driven.
Indian Experience
  1. At the central level, Ministry of Personnel> Department of Administrative Reforms. This department helps other organizations to formulate the citizens’ charters. However, 2nd Administrative Reforms Commission found following problems with Citizens’ charters in India:
  2. Measurable standards of delivery are rarely spelt out in the charter.
  3. Standards are poorly defined, it becomes tough to assess whether the desired level of service has been achieved or not.
  4. Most charters are verbose. (containing too many words).
  5. Promises contained in the Charter were vague and meaningless. (like those stupid vision and mission statements.)
  6. If the service is not delivered then very hard for citizen to get compensatation. (he has to make trip to this office and that office, bring this Xerox and that receipt.)
  7. Citizen Charters are not revised with time.
  8. The needs of senior citizens and disabled are not considered while drafting charters.
  9. Resistance to change.
  10. Lack of Public Awareness.
  11. End Users (public) & NGOs are not consulted when the charters are drafted.
Recommendations of 2nd ARC:
  1. The Charters should clearly spell out the remedy / penalty / compensation in case there is a default in meeting the standards spelt out in the Charter.
  2. better give a few promises that can be kept, rather than a long list of lofty but impractical aspirations!
  3. Before the organization makes charter, it should restructure its internal system and processes.
  4. One size does not fit all. Citizens’ Charter should be close to ground reality and local conditions.
  5. Consult all the stakeholders before finalizing the charter (including civil society).
  6. Firm Commitments should be made. There must be redressal mechanism should be citizen friendly..
  7. Organization should evaluate the Citizens’ charters periodically.
  8. Hold officers accountable for results.
Citizens’ Charter Bill 2011: Salient Features
  • Full name: The Right of Citizens’ For Time Bound Delivery of Goods & Services & Redressal of Their Grievances Bill 2011.
  • Applies to: The Bill deals with government departments that deal directly with citizens: they include
  • Constitutional bodies, Statutory authorities, Public-private partnerships, NGOs substantially funded by the government and companies that provide services under a statutory obligtion.
  • Provisions: The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act. Every citizen is given right to get time bound delivery of goods and services. If not delivered, there is redressal mechanism.
According to the bill, citizens’ charters should be in following format:
  1. List the details of the goods and services provided by a public authority;
  2. The name of the person or agency responsible for providing the goods or services;
  3. The time frame within which such goods or services have to be provided;
  4. The category of people entitled to the goods and services; and
  5. Details of the complaint redressal mechanism.
Public Grievance Redressal Commissions
Bill aims to establish Public Grievance Redressal Commissions @Centre and State level.
Strength
  • Chief Commissioner + a maximum number of 10 Commissioners.
Qualification
  • Present or former Supreme Court judges or Chief Justices of a High Court (district court judges for 10 years, or High Court judges); or
  • Present or former Secretaries to the central (state) government;
  • Eminent persons with at least 20 years of experience in social sectors with a post graduate degree in a relevant sector.(15 years for state panel)
Appointed by
  • Governor (in state Commission)
  • President (in Central Commission)
  • But President /Governor will make appointments as per the recommendations of select Committee. The select Committee will consist of Union level: PM, Leader of opposition in Lok Sabha, Sitting just of SC and State level: CM, Leader of opposition in Legislative assembly (Vidhan Sabha), Sitting just of HC
  • The Commissioners may be removed by an order of the President /Governor under certain conditions.
Penalty
  • DA and Commission can impose fine of Max.Rs.50000 to concerned officials/GRO.
  • The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.
Criticism
1. Against federal Spirit
  • Parliament doesn’t not have jurisdiction to enact such law. Because 7th schedule of constitution->State list ->State Public services (Entry 41).It means, only State legislature has jurisdiction to make laws regarding state public services.
  • More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states.
  • The states of Jammu and Kashmir, Delhi, Bihar, Madhya Pradesh, Uttar Pradesh, Rajasthan, Punjab, Uttrakhand and Himachal Pradesh have their own laws in place.
  • Many of these state laws have provisions that are much better than the proposed Bill.
  • The Central government can and should enact Citizen Charter for central services but should not encroach upon the states’ domain. At best, the Centre can suggest a model law.
  • However, the Ministry of personnel affairs, defends this bill saying “Provisions of the Bill relate to ‘actionable wrongs’ which comes under the concurrent list.”
2. Duplication of work
  • Several states such as Delhi, Punjab and Bihar have also enacted their own grievance redressal laws. The mechanism provided under these laws is different from that provided under the Bill.
  • So this will lead to duplication of work and organizations.
  • Similarly, MNREGA Act, RTE Act, National Food Security Bill, 2011, and the Public Procurement Bill, 2012 also have their own grievances redressal forums. = duplication.
  • Similar to R.T.I act, this bill also applies to organizations funded by Government. (e.g. Air India, Public Sector Banks, LIC.) However, if those organizations donot provide services on time, the matter also falls under jurisdiction of consumer courts, Banking ombudsman, IRDA respectively= lot of duplication.
  • So it seems Government hasn’t done the homework, they just want to pass a bill to divert peoples’ attention from more important issue, that is Lokpal.
3. Autonomy
  • According to the bill, the commissioners may be removed without judicial inquiry. This is unheard of!
4. Lokpal yet to come
  • Government officials intentionally delay the service delivery because they want to demand bribe. So the whole Citizen charter thing is incomplete, without Lokpal and Lokayukta.
5. Exclusion of Non Citizens:
  • Only Citizens can seek redressal, NRI & PIO are not entitled.
6. Distribution of responsibility
  • For example, if a passport is held up because the police verification took too long, should the passport office be responsible? Or should the police be held responsible? Bill is silent over the issue, this will only lead to blame games and further delays while seeking redressal.

Jarawa Tribes (Right Issues)

Who are the Jawaras?
  • They are tribal people living in the South Andaman islands. (approx. just 400 of them left)
  • Anthropologists believe that Jarawa are descendants of first humans that move out from Africa to Asia.
What is Andaman Trunk Road (ATR)?
  • Government of India started construction of Andaman Trunk road in the 80s.
  • This road connects North Andaman – Middle Andaman — Port Blair (Capital in southern most part).
  • Jarawa tribes mostly live in the jungles on the western side of this road. (see the map).
  • After construction of the road, tourism started flourishing and this bought outsiders (guides, tourists) in contact with Jarawa tribes.
Human Safari?
  • Unfortunately, Andaman tour operators have been running what is termed as “Human Safari”
  • Meaning, they take a bus full of tourists on the Andaman Trunk road. The guide will bring Jarawa tribals from the surrounding villages, make them dance in front of tourists and offer them food as “payment”.
  • Human rights activists have been demanding that Road must be shut down.
Shut the road
  • Barely 400 Jarawas left. The road brings the general tourist population into unwanted contact with the Jarawa every day.
  • This has resulted in the Jarawa being exposed to diseases against which they have no natural protection: e.g.measles and mumps.
  • The increasing trade and tourism in the area is endangering their traditional skills. For example, some of the jarawas do not know how to make a fire without a matchstick.
  • Jarawas have picked up the the vices of the outsiders: tobacco, gutka, Zarda, bidi and alcohol.
  • Bo people= Another tribe in Andaman Nicobar. Its last member died in 2010. Do we want same thing to happen to Jarawa?
  • Do we want these people to live rest of their lives as primitive hunters and gatherers? 
  • Because of above reasons, Jarawas must not be allowed to mingle with outside world.
Don’t shut the road
  • Road is needed to carry essential food and supplies for both Jarawa and the settlers living outside Jarawa reserves.
  • If the road is shut down, the tourists cannot visit limestone caves and mud volcanos. So ultimately tourism industry will collapse.
  • It is their free will.
  • Jarawa protection is important as they form the centuries old link of Indian civilization with African civilization.
  • Agreed very few of them left, doesn’t mean outside contact should be stopped.
Dance for Food controversy
  • A reporter had gone to Andamans. He recorded a disturbing video, in which an Indian policeman is offering food to Jarawa tribal girl and making her dance to entertain the tourists.
  • This story was published in The Observer (sister newspaper of Guardian), last year.
  • This led to huge uproar in India and abroad.
Buffer Zone Case Chronology
In past few weeks, you might have read Supreme court giving orders on Jarawa buffer Zones. But it is not that Supreme court picked up the matter after reading that Jarawa dancing video controversy. The issue of buffer zone has been going on since 2007. Here is the chronology:
  • 2007: A&N administration brought a Buffer Zone notification in 2007. This notification prohibited any trade or tourism activity within 5 kms radius of the Jarawa Tribal Reserve.
  • 2007: A tourist resort went to court against this order.
  • 2009: Calcutta High court says notification is invalid.
  • 2010: Supreme court says notification is valid. Orders the A&N administration to implement it.
  • 2010-11: A&N administration doesn’t implement the notification due to widespread protests by local people who depend on tourism.
  • Mid-2012: Supreme court asks why notification is not implemented?
  • Jan 2013: Supreme court puts “interim” ban on tourists from using Andamana Trunk Road. Only government officials, persons residing in the reserve and vehicles carrying essential commodities for the Jarawas would be allowed on the Andaman Trunk Road. This ban will be in effect until authorities come up with notification and seriously implement It (=no trade/tourism within 5kms radius of Jarawa reserves=buffer zone).
  • March 2013: Authorities come up with notification, Supreme court lifts the interim ban.
Tribal Commissions
Article 339 of the Constitution says President needs to appoint a tribal commission after 10 years of commencement of Constitution and thereafter as and when he deems fit. So far two tribal Commissions have been made:
Tribal Commission Year          Chairman                                 Main suggestion
         1st                 1960         UN Dhebar           Need to update laws about tribal land transfer.
         2nd                 2002     Dileep Singh Bhuria     Need to make a comprehensive tribal policy.
Now Government is planning to constitute third tribal Commission. Mainly to deal with following issues
  • examine various issues of development and welfare of tribals, especially primitive tribal groups.
  • formulate a new legislation to protect tribal land.
Is there is a need to add 13th schedule in Constitution? Let’s understand this one:
As you know,

  • 11th schedule Functions of Panchayat.
  • 12th schedule Functions of Municipalities.
But these are not applicable to tribal areas. The tribal areas are governed by 5th and 6th Schedule.
  • 5th schedule Administration of scheduled tribes areas in all states except AMTM.( (assam, Meghalaya, Tripura, Mizoram). This 5th schedule is applicable to 9 states. Rajasthan-Gujarat-Maharashtra-Madhya Pradesh (RAGU MAMA 4 states) Himachal-Jharkhand-Chattisgarh-Andhra-Orissa (5 states)
  • 6th schedule Administration of tribal areas in AMTM (assam, Meghalaya, Tripura, Mizoram). Although Government earlier made PESA Act, to extend the provisions of Panchayati Raj to above areas but it hasn’t worked out as planned. So Now Government  is thinking about creating 13th schedule for traditional governing bodies in tribal areas. The 3rd Tribal Commission will look into this matter.

Inner Line Permit (ILP) issue in Manipur

What is Inner Line Permit (ILP)?
  • If you’re an outsider and want to travel to MiNA (Mizoram, Nagaland, Arunachal Pradesh), you’ll need this Inner Line permit (a type of certificate/paper).
  • Even if you’re an Indian citizens and wish to travel to these places, you’ll need an ILP.
  • This provision was made by Britishers under an Act called as Bengal Frontier Provision Act,1873.
  • An outsider cannot take away any rubber, wax, ivory or other forest product (or any book, diary, manuscript, map, picture, photograph, film, curio or article of religious or scientific interest outside these inner line permit areas.
  • This ILP provision was made to give special protection to the indigenous people.
What’re the Implications of ILP?
  • ILP certificate can be used only for travel and not for permanent residency in the area.
  • Outsiders cannot buy property in the state.
  • Inter-caste marriages are not possible as residences of outsiders are not permitted.
  • There is no competition among the backward tribes and inflowing foreigners.
  • Although such provisions though are not valid for Central govt employees, security personal, etc.
Why ILP in MiNA but not in Manipur?
  • ILP is applicable only to MiNA (Mizoram, Nagaland, Arunachal Pradesh), but it is not applicable to Manipur. So, question: Why doesn’t Manipur fall under ILP system?
  • Because MiNA (Mizoram, Nagaland, Arunachal Pradesh) were under the British control till independence. So Britishers implemented ILP permit there, but Manipur was princely states so ILP wasn’t implemented here.
  • Although, Manipur (as a princely state before independence) had created its own system of Permits/ passports but it was abolished in 1951.
  • Now people of Manipur have made an organization Federation of Regional Indigenous Societies (FREINDS) and they’re demanding Government of India to implement Inner Line Permit system (ILP) in Manipur as well.
  • In 2012, Manipur State Assembly also passed a resolution urging Government of India, to implement the ILP system to Manipur.
Pro ILP arguments for Manipur
Inner line permit should be implemented in Manipur because

1. competition increased
  • After independence, the influx of foreigners/non-locals/outsiders in Manipur has increased exponentially. This has led to increased competition (in jobs, business, election) among locals and outsiders.
  • Foreigners like the Bangladeshi, the Nepalese and the Myanmarese have started standing for local elections and some of them have also emerged victorious!
  • Local youth has to compete with outsiders for state Government jobs, college admissions.
  • Influx of outsiders, changes the demographic structure of the state= in long term, this could post to reservation quota for scheduled Tribes and Scheduled Castes.
2. social problems
  • Outsiders bring their language and culture. It poses threat to Manipuri language, scripts and local dialects.
  • Drug trafficking cases, incidents of rape and other crimes in the State have become more rampant due to the inflow of outsiders into Manipur.
  • Manipur is one of the six high HIV prevalence states in the country. The influx of migrants is worsening this problem.
  • lands in tribal belts and blocks are being occupied by non-tribals and Bangladeshis, but the government machineries have done nothing to protect these lands from the encroachers.
  • Since the NE states are already backward in areas of education, infrastructure, etc such a competition has been passing onto the even younger generations.
  • The recent violent riots in Assam is an example on how if immigration is unchecked can lead to severe problems. (Click me to learn more about it)
  • Outsiders are ready to work for lower wages. This makes difficult for the local Manipuri tribals to get any employment.
3. Valid demand
  • ILP system is already in place in MiNA (Mizoram, Nagaland, Arunachal Pradesh), then why should it not be implemented in Manipur, which is in the same geographical area, facing similar problems for immigration.
  • ILP system doesn’t prohibit outsiders from entering into a state. It merely requires them to get registered so they can be easily identified.
  • Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. This demand is therefore constitutional and legal.
Anti ILP argument
  • The North Eastern states lack labour and trained professionals. (Doctors, CAs etc.) Hence ILP permit will be a setback for the already under-developed region.
  • Migration is an issue for all regions in the country. It is unavoidable.
  • The problem of illegal migrants (Bangladeshi, Nepali, Burmese) can be tackled easily by increasing the border security. Therefore, ILP is not necessary.
  • If ILP system is implemented in Manipur, other states will also start demanding the same, this political propaganda will be harmful for national integration.
The case of Meghalaya
  • Very similar arguments of rise of immigrants are present in Meghalaya also.
  • The government created a committee under its Dy.Chief Minister to recommend steps.
  • Another solution was to provide for a 3-tier ID card for immigrants.
  • There are already other strict provisions in Meghalaya to prohibit ‘outsiders’ from buying property.
  • Also, contractors employing more than 5 immigrant workers need to register with the state.
Persons in News: Manipur
  • Khundrakpam Pradipkumar: HIV positive bodybuilder. has won a bronze in the Mr World competition in Bangkok (2012)
  • Mary Kom: London Olympics, 2012. Bronze in Female Boxing (Flyweight (51kg))
  • Okram Ibobi Singh: CM of Manipur. (third consecutive term)

Delegated legislation

What is Delegated Legislation?
  • MP/MLAs make the law only in a broad skeletal form.
  • Then executive (union/state Government  and its bureaucrats) fill up the minor technical details.
  • When legislators outsources the law making work (partially) to the executives (Bureaucrats), this is known as Delegated Legislation / subordinate legislation.
  • In other words, delegated legislation =When parliament confers the law making power to the executive.
  • For example, legislature enacts a law regarding the registration of Motor Vehicles.  Then executive (Government  and its bureaucracy) make provisions regarding who will get the license and how? (Bring proof of residence, Passport size photos etc. you’ll have to pass a written test on traffic signs, then you’ll have to drive vehicle in presence of RTO inspector and so on)
Advantages of Delegated Legislation
  • Delegated Legislation is universally recognized and is both desirable and legitimate.
Lack of Time
  • Parliament and State Legislative assembly (SLA) are too busy, they’ve to make laws affecting every one’s life from womb to tomb.
  • And often these houses are adjourned due to shouting and ruck sacking of MPs/MLAs.
  • In such situation, delegated legislation is inevitable.
Lack of Expertise
  • Modern legislation requires technical expertise of the subject matter for example IT security, money laundering, clinical research etc.
  • MP/MLAs are representatives of people. They’re not representatives of physics, chemistry, economics or medical science.
  • Therefore, Parliament / SLA is not omniscient (=knowing everything).
  • Parliament/SLA does not possess the expertise to decide whether thalidomide or lomotil should be administered to expecting mothers, or what type of powers should be given to an investigating officer dealing with IT security.
So it is better to allow bureaucracy to fill out those details in a law.

More flexible
  • In delegated legislation, parliament / SLA makes law in a broad skeletal form. Then executive (Government/ bureaucrats) fill up the minor details. So those minor details can be changed immediately without requiring a formal amendment in the parliament / SLA. = more flexible.
  • Delegated legislation can be rapidly adjusted to meet the local requirements. (e.g. during outbreak of epidemic, natural disaster).
  • Delegated legislation helps during unforeseen crisis e.g. war, epidemic, natural disaster, economic crisis etc.
  • Delegated Legislation allows experimentation. In the light of experience, you can change it immediately.
Anti-Arguments
  • The argument that politicians lack technical expertise is hollow because even executives (bureaucrats) are not expert on all technical matters, they’d need to consult the experts in the respective field (e.g. medicine, IT, economics etc.)
  • Government (and its Bureaucrats) often make provisions under delegated legislation that it becomes difficult and cumbersome for common man to seek remedy even in the courts. For example, in 1999, Department of Telecommunications had issued a notification under the TRAI Act that if there is any dispute between licensee (company) vs Government, then only Government can make reference to TRAI. (Meaning company cannot directly approach TRAI in case of telecom related dispute.) this is a blatant misuse of delegated legislative powers.
  • Law making power in the hands of executive = curtails individual liberty, leads to arbitrariness and injustice.
  • sometimes even tax related laws are also delegated, it goes against the principle of “no taxation without representation.”
  • Administrators don’t consult common people even while making laws that affect their lives.
  • Delegated legislation will decrease the control of legislature over executives.
  • The constitution entrusts the duty of law making to the parliament and the various state legislatures. They cannot betray the trust and transfer this duty to some other authority.
  • In the name of technical law making by executive sometimes even basic or those that can be made by the legislature.
  • The executive is unconnected with the people and thus they would not take into account a lot of substantive interests of people. They’re more  focused on technicalities of implementation or whatever serves their interest. (e.g. presently under R.T.I act, the bureaucracy must give information within 30 days. But if the same R.T.I law making was delegated to them, they’d have given deadline of 90 days instead of 30 days!)
  • Parliament does not have adequate facilities to scrutinize every piece and section of delegated legislation. (The parliamentary committee  on subordinate legislation is not a  Committee of technical experts. hence lacks the acumen to check.) this turn delegated legislation into one form of despotism.
Safeguards
1. Parliamentary Safeguards:
  • Parliament has various Committees (like Public accounts Committee, departmental standing Committees). Similarly there is one Committee on Subordinate legislation.  It carries out detailed scrutiny of all the rules framed by the executives through delegated legislation.
  • The committee then submits its report to the speaker of the Lok. A copy also tabled in Rajya Sabha.
  • If executives make some mischief in law making,  parliament / SLA can always over ride it. Delegated legislation is meant to save the time of legislators without undermining their responsibility .
2. Judicial Safeguards:
Judiciary can declare a delegated legislative acts as “invalid” if
  • The parent act (enabling act) itself is ultra vires (against the Constitution).
  • The provisions of subordinate legislation violates the Constitution
  • Subordinate legislation is moving in a different direction than the parent act (enabling act).

Sunday, March 10, 2013

DNA Profiling Bill: Features, Applications, Criticism

DNA profiling It involves collection of a few skin cells, muscle tissues, a hair root or a tiny amount of blood or saliva etc. body fluids. Then, DNA strands are extracted from the sample. DNA profiling is useful for solving crimes, confirming if people are related to each other, paternity testing, identifying dead bodies, missing persons etc. DNA can be collected from body fluids, hair or even from a wine glass or spoon you just used. An individual gets 50% of one’s DNA from each of one’s parents= can be be used to identify parents, siblings and relatives of an individual. Can help to trace people who are suspected of committing a crime. Can exonerate (free) the suspects who are innocent. An individual punished by the court can demand DNA testing to prove his innocence.

CBI has sent a letter urging Government to pass the DNA profiling bill quickly, citing following reasons:
                                                                      China                              India
Police DNA Laboratories                                   ~280                                ~6
DNA profiles                                       ~53 lakh DNA profiles            Lolz, yet to pass the bill.

Similarly  Federal Bureau of Investigation (FBI), USA already has ~10 million DNA profiles.

Salient Features of DNA profiling Bill

  • provides for a national database of DNA profiles.
  • This”DNA database” will be used for crime detection as an evidence in judicial proceedings for admissibility of evidence Bill legalises collection and analysis of the DNA samples for Repeat offenders, suspects, missing persons, unknown deceased persons “volunteers” for forensic purposes.
  • DNA profiling in cases related to murder miscarriage (abortion), dowry deaths sexual assault paternity suits (like N.D.Tewari) etc.
  • Using these profiles, Bill creates indexes within every databank including: crime scene indexes, suspects index, offender’s index, missing persons index, unknown deceased persons’ index, volunteers’ index etc. This will help searching particular entery very quickly.
  • The DNA profile of an individual will be deleted if that person were to be acquitted after the trial.
  • DNA profiles can be shared with other countries for cases related to terrorism, narcotics, illegal human organ sale etc.
The Bill establishes following organizations:
1. DNA Profiling Board @National and State levels.

  • To laydown laboratory standards procedures for collection analysis of DNA samples etc.
  • Will be headed by molecular biologists+ members from legal, police, biology etc fields.
2. National DNA Data Bank
  • State DNA labs will collect samples and feed the data to National DNA Database= can be accessed anywhere. Help to solve inter-state crime.
Anti-Arguments
  • While the DNA profiling bill aims to modernize the crime detection and conviction, the experts give following arguments against the bill.
  • Doesn’t increase crime-detection. When UK police created DNA database, did not help to solve more crimes, despite millions of profiles being added to the database.
  • DNA can reveal very personal information about an individual, including medical history, family history and location.
  • This database could be used to create DNA databases of different caste populations of India.
  • The Working group of 11th Five Year plan said DNA profiling technology could be used to study Human population of different castes in India.
  • It ignores the fact that individuals change their caste and that caste is not uniformly passed on in marriage.
Misuse
  • the experts and NGOs fear that in long term, such “caste DNA”  database could be misused, for example
  • Asking every person for DNA test, before granting him/her caste certificates.
  • Instead of conventional population survey, Government could use DNA profiles for “Extrapolating” statistics and then increase/decrease reservation for a particular category in particular state.
  • Excluding a particular caste or a group of people from reservation benefits.
  • Screening potential suspects on basis of caste.  Can be used to brand certain individuals and communities as people with ‘criminal traits’, just like Britishers had  branded  certain tribes of Northern and Central India as ‘criminal tribes’ in past.
  • knowledge of an individual’s exact social background can damage the institution of an arranged marriage.
  • Furthermore, using caste for forensic purposes and to develop DNA databases could far too easily be abused and result in the profiling of individuals, and identification errors.
  • Mistake is possible
Suggestions
  • DNA profiling should be done only for serious crimes and not minor offenses.
  • Destruction of DNA samples once a DNA profile is created.
  • Clearly defining when a court order is needed to collect DNA samples,
  • defining when consent is required and is not required from the individual for a DNA sample to be taken
  • ensuring that the individual has a right of appeal.

Timeline

2007
draft Human DNA Profiling Bill was made public but it had many shortcomings, led to lot of opposition from NGOs, activists etc. hence this bill was never introduced in parliament. Then Govt. asked Department of Biotechnology + Centre for DNA Fingerprinting and Diagnostics (CDFD) Hyderabad, to update the 2007 Bill.
2010
Tamil Nadu State Governmnt sought to amend the Prisoners Identification Act 1920 to allow for the establishment of a prisoners’ DNA database
2012
DNA data bank for armed forces personnel is setup. It’ll help identification of mutiliated dead bodies during war etc. This is unique as so far only USA and Israel have such facilities.
Uttar Pradesh government ordered mandatory sampling for DNA fingerprinting of dead bodies.
Feb 2012
New version of bill leaked.Bill is sent to various ministries for their comment and feedback.
Dec 2012
CBI writes letter to Government, to quickly pass this bill.

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