"Unconstitutional": Opposition Slams New Criminal Identification Bill

Amid strong objections from opposition parties, the Centre on Monday introduced a Bill that would authorise the recording of biometric data and other measurements of convicts and other persons for the purposes of identification and investigation in criminal matters, and to preserve records. 

The Bill, titled 'The Criminal Procedure (Identification) Bill, 2022', was introduced in Lok Sabha by junior Home Minister Ajay Mishra Teni. If passed, it will replace the 1920's Act 'The Identification of Prisoners Act'.

The Centre defended the proposed law saying, "The term 'measurements' used in the 1920 Act is limited to allow for the taking of finger impressions and foot-print impressions of a limited category of convicted and non-convicted persons and photographs on the order of a Magistrate. New ''measurement'' techniques being used in advanced countries are giving credible and reliable results and are recognised the world over. The 1920 Act does not provide for taking these body measurements as many of the techniques and technologies had not been developed at that point in time."

Opposition parties including Congress and Trinamool opposed the Bill in the Lok Sabha calling it a "direct violation of the Fundamental Right of an individual".

Opposing the introduction of the Bill, Congress MP Manish Tewari said "The words 'biological samples and their analysis' in the Bill could extend to narco analysis and brain mapping and when it is made coercive, it is clearly violative of Article 20 (3) of the Constitution of India".

Underlining the provision in the Bill for retaining the 'measurements' for 75 years from the date of collection, Mr Tewari said, "This is in violation of the Right to be Forgotten enshrined in the Right to Life under Article 21 of the Constitution".

NK Premachandran, MP from Kerala, also opposed the Bill. "If I am arrested for picketing for protection of civil rights or any genuine demand, and if an FIR has been launched against me, then a DNA test will be taken. What is this? This is a violation of the basic rights of an individual. What is the logic? What is the reason?" he said.

The proposed law allows Union and State Governments to collect "finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting," of a convicted, arrested or detained person.

It also empowers the Magistrate to order any person to give the 'measurements' for the purpose of investigation and if the said person resist, they can be charged under the Indian Penal Code.

Citing the 1920's law provides access to only a limited category of persons, the Centre defended the proposed law saying, "It is considered necessary to expand the ''ambit of persons'' whose measurements can be taken as this will help the investigating agencies to gather sufficient legally admissible evidence and establish the crime of the accused person".