The Criminal Procedure Bill seeks to replace the Identification of Prisoners Act, 1920
The contentious bill providing for legal sanction to police to obtain physical and biological samples of convicts and detainees for investigation in criminal matters was passed by Lok Sabha on Monday, with Home Minister Amit Shah asserting it will act as a defender of human rights of law-abiding citizens.
He also sought to allay the concerns voiced by MPs about invasion of privacy, insisting all data collected under the proposed law will be protected.
The bill, which seeks to replace the Identification of Prisoners Act, 1920, was passed by a voice vote after Mr Shah assuaged the concerns raised by the Opposition, which claimed the draft law was "draconian" and could convert India into a "police state".
Responding to the Opposition charge, Mr Shah, citing a provision in the bill, said 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.
Hitting back at the Opposition for alleging misuse of Unlawful Activities (Prevention) Act, Mr Shah said UAPA is not for any particular caste or religion, but "your (Opposition) advocacy is only for one caste-religion".
"I still say today that Prevention of Terrorism Act (POTA) was a law in the interest of this country, it was repealed for appeasement, I have no hesitation in saying this. We do not play vote bank politics. We have come to secure the country, take the country to the greatest heights in the world," Mr Shah said.
"Those who are talking human rights (of offenders), it is my request to them that you must think about those who are harassed by criminals. You are concerned about those involved in robbing, rape... I have brought this bill for defending the human rights of crores of law abiding citizens of this country, no one should try to paint it otherwise," he said.
Mr Shah said the Modi government does not believe in investigation with the help of "third degree methods" but through modern technology, data base and information.
"There is a need to have a balance in the country. Along with individual rights, we will have to think about society's rights as well, and ensure a balance between the two," he said.
Urging the Opposition not to cast aspersions against the government over the bill, Mr Shah said the Modi government 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.
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.
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.
Ms 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. Mr Ali, Ms Moitra as well some other Opposition members also demanded that the bill be referred to a parliamentary standing committee.
After several Opposition members voiced concern over protection of the data collected under the proposed law, Mr Shah assured it will be protected, appropriate rules framed and the best of forensic science experts engaged to limit its use.
Mr Shah 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.
He also asserted that 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.
Don't raise apprehensions without any ground, he told the opposition members.
Mr Shah said a database has been in use for two-and-a-half years to solve crimes, including automobile thefts.
"There is no complaint from anywhere. Now, if any NGO raises a false complaint after listening you, then God knows," Mr Shah said, adding next-generation crimes cannot be tackled with old techniques.
"We have to try to take criminal justice system to the next era," Mr Shah said.
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, Mr Shah said that besides the bill, the government is also preparing a model prison manual that will be sent to states.
"A lot of the concerns will be addressed with the sending of that prison manual. It 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," Mr Shah said.