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This is an archive article published on April 4, 2022

Criminal Identification Bill: Dal Khalsa calls for protests, says Centre will use law to snoop on citizens

On the face of it, the Bill proposes to empower police and prison authorities to take “measurements of convicts and other persons for the purposes of identification and investigation in criminal matters”.

Criminal Identification Bill: Dal Khalsa calls for protests, says Centre will use law to snoop on citizensView of the Lok Sabha during the second part of Budget Session of Parliament. (Sansad TV/PTI Photo)

The Dal Khalsa on Monday termed the Criminal Procedure (Identification) Bill, 2022 as a move by Centre to infringe on the fundamental rights of the people.

Dal Khalsa secretary for human rights affairs, Imaan Singh Khara, Tuesday urged the non-BJP MPs as well as civil liberty and human rights groups to oppose the Bill, which he said threatened the constitutional rights of convicts, accused and the political protesters. The Bill, if enacted into a law, will further increase surveillance of the state on people, said Khara, a lawyer.

On the face of it, the Bill proposes to empower police and prison authorities to take “measurements of convicts and other persons for the purposes of identification and investigation in criminal matters”. The term “measurements” includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, and even biological samples.

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Khara said the proposed law will violate the right to privacy and the right against self-incrimination of convicts and others.

The Dal Khalsa leader further said the Bill, ironically, places the privacy of individuals, who are not convicted of any offence, at the mercy of the state.

Demanding the proposed law to be struck down, he said the provision that implies the use of force to take measurements violates the rights of the prisoners laid down by Supreme Court judgments.

Highlighting the agitation led by farmers at Delhi’s borders by farmers forcing the Centre to repeale the three farm laws, Khara said that in future, participation of masses in any such protest will provide the government and its agencies an opportunity to invoke the proposed law. He also said that analysis of biological samples under this Bill, could lead to narco-analysis and brain mapping.

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Khara pointed out that the Bill violated the fundamental rights of citizens and did not comply with Article 20 (3) of the Constitution, which explicitly states that no person accused of any offence shall be compelled to be a witness against himself.

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