With Home Minister Amit Shah asserting it will defend human rights of law-abiding citizens, the Criminal Procedure (Identification) Bill, 2022 was passed in Lok Sabha on Monday. As per reports, the contentious bill provides for legal sanction to police to obtain physical and biological samples of convicts and detainees for investigation in criminal matters.
But why should you know about the bill? MPs have voiced concerns that the bill may be an invasion of privacy. However, Shah also sought to allay the concerns insisting all data collected under the proposed law will be protected.
All you need to know:
- The bill, seeks to replace the Identification of Prisoners Act, 1920. It was passed on April 4, amid claims that the draft law was "draconian" and could convert India into a "police state".
- As per the draft bill, people arrested for an offence, except for those committed against women and children, or for which the punishment is not less than seven years in jail, may not be obliged to allow collection of their biological samples.
- During a discussion on the bill, members voiced concern over the broad provisions in the draft legislation that empowers a head constable of a police station or a head warden of a jail to take “measurements” of convicts as well as those in preventive detention.
- However, Shah said the Modi dispensation has taken a number of measures to ensure the police and investigators remain two steps ahead of criminals, including setting up specialised universities for forensic training.
- Opposition reacts: Initiating the discussion on the Bill, Congress member Manish Tewari said the draft legislation was "draconian and against civil liberties". Trinamool member Mahua Moitra said the Bill sought to replace the Identification of Prisoners Act, 1920, but the proposed law had fewer safeguards than the law enacted by British colonisers. Moitra contended in the absence of a data protection law, the proposed measure lacked safeguards to ensure that the information collected was protected well, and could lead to violation of the privacy of an individual who has not been convicted. BSP member Danish Ali apprehended the Bill could convert India into a police state and could be used to settle political scores. Ali, Moitra as well some other Opposition members also demanded that the bill be referred to a parliamentary standing committee.
- Assurance from the Centre: Amit Shah assured that the bill will be protected, appropriate rules framed and the best of forensic science experts engaged to limit its use. He said data will be stored in a protected hardware and those "who send samples (for matching) will get back the results and data will not be shared" through network.
- The National Crime Records Bureau (NCRB) will be the sole custodian of the data and that no party or private player be involved in the process. A database has been in use for two-and-a-half years to solve crimes, including automobile thefts.
- This bill has been brought with the sole intent to increase the rate of conviction, to contain the number of crimes and send a tough message in society to get those committing a crime punished.
- Earlier, moving the bill for consideration and passage in the Lok Sabha, Amit Shah said that besides the bill, the government is also preparing a model prison manual that will be sent to states.
- The bill has various provisions relating to subjects such as rehabilitation of prisoners, making them part of the mainstream again, limiting the rights of jail officials, maintaining discipline, security of jails, separate jails for women and open jails.
(With PTI Inputs)
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