The government on Monday introduced the Criminal Procedure (Identity) Bill, 2022 in the Lok Sabha amid protests by opposition members. The Bill provides for recording of many such particulars of accused and convicts, including samples of iris, retina and handwriting. The government believes that getting more details will increase the conviction rate and facilitate investigators to nab criminals. While the opposition members termed this move of the government as ‘illegal and unconstitutional’ and a violation of fundamental rights.
Congress members Manish Tewari, Adhir Ranjan Chowdhury, Trinamool Congress’s Saugata Roy and RSP’s NK Premachandran insisted on a division of votes to introduce the ‘Punishment Process (Identity) Bill’ in the House. In the division of votes, the bill was approved for introduction by 120 votes against 58. The bill was recently approved by the Union Cabinet.
Introducing the bill, Minister of State for Home Ajay Kumar Mishra said that it has been 102 years since the present Act was enacted. He said that only fingerprints and footprints were allowed in it, whereas now new technology has come and this modification has been needed. He said that this is a small bill. This will help the investigating agencies and will also increase the conviction… This bill has been brought after a long discussion with the Law Ministry and all the concerned parties. Mishra, in response to the objection of the members of the opposition, said that the present proposal is not arbitrary in any way.
Meanwhile, opposing the introduction of the bill, Congress MP Manish Tewari said that it is a violation of Articles 20 and 21. He said that this House should discuss whether the ruling party has the right to bring a bill which violates the fundamental rights of citizens.
RSP’s NK Premachandran alleged that several articles of the Constitution have been violated through this bill. He said that if a case is registered against me, then my DNA will be tested. what does this mean? This is a violation of the fundamental rights of the citizens. He claimed that if this law is passed from here, it will not stay in the judiciary.
Saugata Roy of Trinamool Congress said that what is the need to take biological samples? Has crime increased suddenly? This bill violates human rights and violates the fundamental rights enshrined in the constitution. Congress leader Adhir Ranjan Chowdhury said that the Bill violates the right to privacy that the country’s top court had said in the Puttuswamy case and it is a violation of human rights. BSP’s Ritesh Pandey said that the fundamental rights given to the citizens in the Constitution are being violated. He alleged that the Indian government wants people to be kept in fear.
Through this bill, a proposal has been made to amend the Act relating to the identification of prisoners of the year 1920. Current legislation from the colonial British period allowed limited body measurements of convicted criminals and those arrested for offenses that entail rigorous imprisonment of one year or more.