The Lok Sabha passed the Criminal Procedure (Identification) Bill 2022 on Monday, 4 April.
Introduced in the Lok Sabha on Monday, 28 March, the Criminal Procedure (Identification) Bill 2022 is slated to replace the Prisoners Act 1920.
While the Prisoners Act authorises the collection of certain identifiable information about specified persons (such as convicts for purposes of investigation of a crime), the current bill would expand the ambit of both the information (identification markers) to be collected, as well as the persons from whom this information can be extracted.
The bill also authorises the National Crime Records Bureau (NCRB) to collect, store, and preserve these details for 75 years.
Home Minister Amit Shah, while addressing the Lower House on the Criminal Procedure (Identification) Bill, 2022, targeted those opposing it and said that the people who were citing human rights must also think about the human rights of rape victims.
"They (Opposition) only worry about rapists, looters...But the Centre does worry about human rights of law-abiding citizens," Shah said.
My High-Pitched Voice a 'Manufacturing Defect': Shah
While presenting the bill, the Home Minister was interrupted by a Trinamool Congress MP who quipped that Shah had responded in an angry tone.
Shah then said, "I never scold anyone. My voice is a little high-pitched. It is my manufacturing defect. I do not get angry, get so on question related to Kashmir."
He emphasised that the bill would replace the Identification of Prisoners Act of 1920, in terms of time and science, and added that after the Bharatiya Janata Party (BJP) formed the government, the bill was discussed with other states. Shah stated that the bill should be compared with the Model Prison Manual.
'Draconian and Against Civil Liberties': Opposition
However, Congress member Manish Tewari said that the draft legislation was "draconian and against civil liberties." He said that the bill sought to record body measurements of convicts and other persons for the purposes of identification and investigation in criminal matters, reported PTI.
Tewari said that the bill was against Article 14, 19 and 21 of the Constitution dealing with human rights of privacy and civil liberties.
Meanwhile, Shiv Sena member Vinayak Raut termed the bill a "cruel joke on humanity" as it encroached upon the fundamental rights of an individual and was open for misuse.
He said that the bill would put "those already in trouble into more trouble," adding that a "mere head constable" had the right to take samples and even order a narco test on a person under detention.
Dayanadhi Maran (DMK) said the bill was anti-people and against the spirit of federalism.
Accusing the government of attempting to establish a surveillance state with the bill, he said, "It is open ended and infringes on the privacy of individuals."
Why Is the Bill Concerning?
The bill seeks legal sanctions to "measure" a convict's biometrics. Following the introduction of this bill, legal experts and activists had voiced a slew of privacy-related concerns about its provisions. These concerns largely pertain to the following aspects of the bill:
Expansion of identification characteristics
Expansion of the categories of people the data will be gathered from
Collection and storage of this information with the NCRB
(With inputs from PTI, ANI.)
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