Parliament Spotlight
New Delhi, 28 Mar: The government was able to introduce ‘The Criminal Procedure (Identification) Bill, 2022,’ in the Lok Sabha despite stiff oppositionas a division vote went in its favour with 120 members voting in favour as against 58 opposed.
The Bill, introduced by Minister of State Ajay Mishra, seeks to authorise taking biometric measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records. Congress’ Manish Tiwari urged the Chair not to allow the Bill saying it goes against Article 20, sub-clause 3, which states that no persons shall be witness against himself and that the Bill violates Article 21 of the Constitution as it impacts the rights of citizens and the House must consider whether it has the legislative competence to deal with it.
Questioning the logic behind the Bill, NK Premachandran termed the Bill as draconian as it violates the Fundamental rights and goes against the UN Declaration of Human Rights. The details he sought must be placed before the House.
Congress Adhir Ranjan Chowdhury agreeing with the earlier speakers said the Bill not only violates right to privacy but would lead to lifelong stigmatisation of undertrials or suspects by police or courts or if there isa presumption that the person may commit any illegal act. “It does more harm, than good,” he said.
Noting that nobody can be found guilty till proven, TMC member Sougata Ray said the Bill seeks to overturn this principle. The Bill allows brain mapping, biological samples, finger prints etc, making one ask has the crime rate increased. The provisions violate basic human rights and that the Bill should not be allowed.
BSP Member Ritesh Pandey said that the Bill would add to the fear psychosis among the citizens and is violative of Article 21 of the Constitution.
Ajay Mishra countering the opposition to the Bill explained that the earlier Bill was centuries old, the world has changed and so has technology. The Bill will help our investigating agencies and has been vetted and approved by the Union Law Ministry and it thus not unconstitutional. Besides, the Bill’s provisions were discussed with State agencies and the Bill provides options to both States and Centre to have their data. He introduced the Bill and as the Speaker Om Birla said the Opposition could debate it once it comes up for discussion. — INFA