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Explained: Laws making digital horoscope of criminals apply, criminals will be caught from eye retina to footprint

Explained: Laws making digital horoscope of criminals apply, criminals will be caught from eye retina to footprint

Aug 04, 2022 | 7:44 PM

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Criminal Procedure (Identification) Act, 2022 has come into force from Thursday. The opposition alleges that it is a violation of the fundamental rights of freedom and secrecy of Indian citizens, while the government argues that it will strengthen the identification process of criminals. The Act was passed in Parliament in April this year, which authorizes police officers to take important samples of persons who were convicted, arrested or faced in criminal cases. These include their iris and retina scans. According to the report, a notification by the Ministry of Home Affairs on Wednesday said, “The sub-stream of Section 1 of Section 1 of the Criminal Procedure (Identification) Act, 2022 (2) using the powers provided by the Central Government appoints on August 4, 2022 as the date on which the said Act will apply. This act taking also allows the collection of identifiable information like fingers, toe marks from the culprits, to the footprints. The government says that the main objective of implementing this Act is to increase the rate of conviction.

This Act has increased the scope of various types of data that can be collected. Also, the scope of such persons has also been increased from which such data can be collected. Even it allows to collect personal data from anyone. It also includes people who are guilty of minor crimes such as rash driving, pocket clipping etc. Should be destroyed, but a provision in this is that the court or magistrate can order to maintain such data.

Opponents of this Act argue that it is not only the culprits but also many innocent Can endanger the fundamental rights of individuals. They are afraid that it may be used to suppress people of their expression and to target them. It was assured that measures would be taken to prevent any misuse of identification databases and biological samples in the rules of implementation of the proposed law.

Shah also clarified that the possibility of disturbing peace and political opposition Those detained in connection with will be excluded from the purview of the Act.

A petition was filed in the Delhi High Court, immediately after the passage of the Criminal Procedure (Identification) Act, 2022, in which Judicial review of Section 2 (1) (A) (A) (A) (III), 2 (1) (B), 3, 4, 5, 6 and 8 was demanded.

petitioners by petitioners Said that its provisions violate the fundamental rights of the citizens of India as well as the original concept of the Constitution of India. That is why the court should cancel it.

After this, the court said that there is a need to consider the matter and issued a notice to the Center. The next hearing of the case is to be held on November 15, 2022.

On April 18, when the government introduced this bill, it faced strong opposition in the Lok Sabha. During the debate, opposition members expressed concern over data protection, possible misuse of proposed law, right to privacy of citizens and violation of other fundamental rights. Supported this bill. Home Minister Amit Shah defended the bill and said that through this, the police and investigators will be two steps ahead of the criminals.

He argued that the opposition members who raised the issue of human rights about the human rights of the victims Should also be worried. He said, "This bill will serve as the protector of human rights of crores of civilians following the law."

Opposition's concern over the possible misuse of the Criminal Procedure (Identification) Act, 2022, in the past Various legal agencies stems from how to use biometric data. Especially against those who peacefully opposed the Citizenship Amendment Act in Delhi and Uttar Pradesh in 2019-20.

This Act enhances the scope of existing laws like UAPA, so that the police to any person There will be complete exemption to collect personal data. Along with lack of security measures in Aadhaar and Arogya Setu app, many failures disputes have highlighted the possibilities of misuse of data collection by the Modi government.

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August 4th 2022, 2:23 pm
Amitesh Kumar
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