The Government on Monday introduced in the Lok Sabha the Criminal Procedure (Identification) Bill which seeks to amend an Act dating back to 1920, providing legal sanction to the police to take physical and biological samples of convicts, people arrested for heinous crime and for offences committed against women and children.
The Opposition parties alleged that it violates fundamental rights as well as human rights of individuals.
Another Bill to amend the list relating to Scheduled Castes and Scheduled Tribes of Uttar Pradesh which seeks to shift certain Scheduled Castes to Scheduled tribes categories was passed in the Lok Sabha.
The Bill has sought for the inclusion of Gond, Dhuria, Nayak, Ojha, Pathari and Rajgond communities living in the districts of Sant Kabir Nagar, Kushinagar, Chandauli and Sant Ravidas Nagar in the list of Scheduled Tribes in the State.
Union Minister of State Ajay Mishra ‘Teni’ introduced the Criminal Procedure (Identification) Bill, rejecting the apprehensions voiced by the Opposition members and affirmed that the move was required to make provisions for the use of modern techniques to capture and record appropriate body measurements.
He pointed out that the existing law — the Identification of Prisoners Act — dated back to 1920 and allowed taking only finger print and foot print impressions of a limited category of convicted persons.
The Bill seeks to cover, “Any person, who has been, (a) convicted of an offence punishable under any law for the time being in force; or (b) ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 for a proceeding under Section 107 or Section 108 or Section 109 or Section 110 of the said Code; or (c) arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, shall, if so required, allow his measurement to be taken by a police officer or a prison officer in such manner as may be prescribed by the Central Government or the State Government: Provided that any person arrested for an offence committed under any law for the time being in force (except for an offence committed against a woman or a child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow taking of his biological samples under the provisions of this section”.
At one State “Teni”, whose son was jailed in a case relating to farmers agitation, challenged Opposition members to prove a single charge against him saying he would quit politics if anything is proved against him.
Opposition members tried to rake up the issue of the alleged involvement of Mishra’s son in the Lakhimpur Kheri violence last October in which eight men, including four farmers, were killed during a protest against farm laws.
Mishra’s son Ashish was arrested in the Lakhimpur Kheri violence case and was released on bail later.
As Congress leader Adhir Ranjan Chowdhury made certain remarks against Mishra, the Minister dared the Opposition leader to prove the allegations made by him.
“I would like to tell Adhir that I filed my nomination for the Lok Sabha in 2019. If there is even one case against me, if I have been to jail even for a minute, I will quit from politics,” Mishra said.
The Opposition leaders had been demanding Mishra’s removal from the Council of Ministers but it has now taken a back seat with the BJP’s thumping victory in the UP Assembly polls this month.
The Minister, who was lying low for months has now, tabled the Bill in the House.
Mishra said the Bill will grant legal sanction to take body measurements and make investigation of crime more efficient and expeditious. He said the Law Commission too had suggested changes to the law in 1980, but the recommendations were not acted upon for 42 years.
Opposition members Manish Tewari (Congress), Adhir (Congress), Saugata Roy (TMC) and NK Premachandran (RSP) forced a vote on the introduction of the Criminal Procedure (Identification) Bill. The move was defeated as 120 members voted in favour of introduction of the Bill, while 58 members were against it.
Some members also said Union Home Minister Amit Shah should have been in the Lok Sabha to provide detailed information about the Bill.
The Bill seeks to enlarge the scope of the “measurements” that can be taken under the law as it will help in unique identification of a person involved in crime and help investigating agencies in solving criminal cases.
As per the old law only hand and footprints can be taken but now with this Bill biological features like iris and retina scan and other could also be taken by the police.
Tewari said the move to introduce the Bill was in derogation of both Article 20, Sub-Article 3 and Article 21 of the Constitution of India and, therefore, beyond the legislative competence of this House.
He said Article 20, Sub-Article 3 explicitly states that no person accused of any offence shall be compelled to be a witness against himself. Tewari feared that the words “biological samples and their analysis” mentioned in the Bill could lead to narco analysis and brain mapping. He said the implied use of force to take measurements violates the rights of prisoners.
Congress leader Adhir said the Bill sought to empower the police and court to take measurements of persons who are undertrial and suspected to be involved in a case, on the presumption that he may, in future, commit any illegal act.
RSP member NK Premachandran said the Bill granted rights to the police to collect DNA samples of convicts of minor crimes and questioned the intention for empowering the police to such an extent. He said it is violation of fundamental and human rights.
On apprehensions raised by Premachandran, Mishra said the Criminal Procedure Code already allowed collection of DNA samples.
Earlier, the Government also introduced another Bill to amend the list relating to Scheduled Castes and Scheduled Tribes of Uttar Pradesh in the Lok Sabha with Congress leader in the House Adhir urging the Centre to avoid piecemeal measures and instead bring comprehensive legislation for various States.
He also claimed that the Bill was brought keeping in mind the Uttar Pradesh polls, a charge rejected by Union Tribal Affairs Minister Arjun Munda. “The polls are over. This has nothing to do with the elections,” the Minister said.
The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2022 was later introduced by a voice vote.
According to the Bill, the Uttar Pradesh Government had requested to exclude the “Gond” community living in the newly-created districts of Sant Kabir Nagar, Kushinagar, Chandauli and Sant Ravidas Nagar from the list of Scheduled Castes.