NEW DELHI: Several opposition parties on Wednesday slammed as "unconstitutional" and "draconian" the bill that allows legal sanction to the police to take physical and biological samples of convicts as well as those accused of crimes and claimed it could be misused.
Taking part in the discussion on the Criminal Procedure (Identification) Bill, 2022, which was moved in Rajya Sabha by Home Minister Amit Shah, Congress leader P Chidambaram and other opposition members favoured sending the bill to a select committee for further deliberations, but the demand was rejected.
The bill was passed by Parliament, with Rajya Sabha clearing it by a voice vote after Home Minister Amit Shah allayed opposition's concerns and assured the House that biometrics of political detainees will not be collected and brain mapping and polygraph tests will be excluded from its ambit.
Chidambaram claimed during the debate that the provisions in the bill can be misused as the police can arrest and take fingerprints and DNA samples of even those who are taking part in political rallies.
"Is there anyone in this House who has not violated a law? I ask the honourable home minister who has had an active political career, have you never violated any law?...even if you are convicted of an offence where the punishment is Rs 100, this law applies," Chidambaram said.
The former union home minister claimed that the worst sufferers will be the "oppressed and the poor".
"This bill is unconstitutional. This is illegal. We are deceiving ourselves if we are passing a bill. This bill has a huge net, which can embrace anyone in this country. And you know what happens when a law of this (kind) is applied, the worst sufferers will be the disadvantaged, oppressed and the poor," he said.
Opposing the bill, Chidambaram said, "I ask this House to reflect. Since we won't have time to reflect today, I beg of you to send this to a standing committee or send this to a select committee and let them examine and come back. What has waited for 102 years can wait another 102 days."
He said even in Lok Sabha various suggestions were made to amend the bill and to refer it to a select committee but not one suggestion was accepted by the government.
"When a bill like this is moved and passed in this House, we are wittingly or unwittingly breaking the Constitution every day," Chidambaram asserted.
Expressing concern over various sections of the Bill, Chidambaram asked how it would ensure that taking physical and biological samples from convicts and persons accused of crimes would not violate their liberty and privacy.
Citing Supreme Court judgements, he said, "Since 2010, the law in this country is that narco analysis, polygraph tests and BEAP (brain electrical activation profile) are unlawful, unconstitutional. They violate liberty and privacy."
Asserting that there is ambiguity in the bill on how "measurements" for physical and biological samples are defined, he demanded that the government should make it clear if narco analysis, polygraph tests and BEAP are included in it.
He also expressed apprehension that the proposed law will apply to "any person convicted of an offence punishable under any law" and even those charged with petty crimes.
Arguing that there is a lack of clarity in the definition of law enforcement agency in the bill, he said it must be properly defined.
Taking part in the discussion, BJP's Mahesh Jethmalani refuted Chidambaram's allegations, saying advanced technological improvements and particularly the use of biometrics - considered the gold standard for investigation of crimes and for detection of criminals - are now used worldwide.
"The conviction rates in this country suffered as a result of not bringing in technological advancements in biometrics that help detect crime," he said.
Jethmalani, however, agreed with Chidambaram's apprehension about the impact of the bill on those convicted for petty offences and detenus and said, "Perhaps that part needs a second look at."
Sukhendu Sekhar Roy (TMC) opposed the bill terming it draconian and said that the government wants to use its brute majority to pass the bill.
Asserting that the legislation violates the principle of natural justice, he called for sending it to a select committee.
Similarly, Tiruchi Siva of DMK opposed the bill and asked the government to send it to the select committee for removing anomalies.
He said that the bill should be exhaustively discussed before its passage.
He alleged that the government wants to armour itself with draconian laws which can be used even against political and social activists.
Sujeet Kumar (BJD) said the bill would not be able to withstand judicial scrutiny.
Ram Gopal Yadav (SP) opposed the bill and noted that it would be challenged in the Supreme Court even if it is passed in Parliament.
He said that the bill should be sent to a select committee Similarly, AD Singh of RJD also opposed the bill.
V Vijaysai Reddy (YSRCP) on the other hand supported the bill saying it would help in improving the conviction rate in the country.
He also accused the Congress of foisting false cases against party leaders.
A Navaneethakrishnan (AIADMK) came out in support of the legislation, saying it is the right intervention.
He asserted that the legislation did not violate constitutional provisions.
Ram Nath Thakur (JD-U) also supported the bill.