ANALYSING GENETIC PRIVACY UNDER THE LENS OF INDIAN CRIMINAL JUSTICE SYSTEM
AUTHOR – VAGMITA TIWARI, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE
BEST CITATION – VAGMITA TIWARI, ANALYSING GENETIC PRIVACY UNDER THE LENS OF INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 939-946, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper investigates the interplay between Indian criminal justice system and genetic privacy by analyzing the current legal structure in place pertaining to DNA data being collected during a criminal investigation. This research focuses on three primary issues: accessing legislation regulating genetic data collection during criminal investigation, accessing legal safeguards protecting the right to privacy in India and determining if the existing rules are adequate to prevent breaches of individuals’ right to privacy within the criminal investigation set-up.
The paper discusses the current legislation, judicial pronouncements, and policy frameworks relevant to genetic data protection in India. The article highlights the possible ramifications of the DNA Technology (Use and Application) Regulation Bill in harmony with relevant outline under the Code of Criminal Procedure. It also compares international best practices and other legal strategies for genetic privacy in criminal justice.
Results present a complicated legal landscape and a substantial vacuum of regulation involving the use of genetic data for criminal investigations. Although, India has recognized the right to privacy as a fundamental right protection in terms of genetic data during the criminal justice process may still seem constrained. The research suggests the existing laws are inadequate to deal with these challenges set out by genetic data in criminal investigations, calling for a reassessment of how potential suspects’ privacy rights can be protected.
This research aims to contribute to the growing conversation about balancing public safety with individual privacy in an era of genetic technology by suggesting potential legal and policy reforms that would strengthen protection for genetic information within the Indian criminal justice system.
Keywords: Genetic data, right to privacy, and criminal justice system.