Hindi English Translation || Editorial || Identity and privacy: On Prisoners’ identification Bill

Identity and privacy: On Prisoners’ identification Bill

Prisoners’ identification (पहचान, मान्यता, व्यक्तित्व) Bill, which raises privacy and data safety concerns (चिंता, बेचैनी, आशंका), requires deep scrutiny (जांच, निरीक्षण)

The Union government’s latest proposal to enable (सक्षम, अनुमति देना, अधिकृत करना) the collection of biometric and biological data from prisoners, besides (के अतिरिक्त, छोड़कर) the usual physical measurements, photographs and finger-prints, raises serious questions about its legal validity. Such questions are inevitable (अनिवार्य, अपरिवर्तनीय, निश्चित) in an era in which people look at (की ओर देखें, विचार करना) official efforts to gather personal data with suspicion (संदेह, संकोच, सावधानी). The practice of recording the photographs and fingerprints of prisoners is more than a century old in the country, backed (वापस लौटना, समर्थन, मंजूरी, अनुमोदन) by a colonial law dating back to 1920. The Union government now proposes to expand the idea of taking “measurements” to cover “finger-impressions (निशान, छाप), palm-print impressions, foot-print impressions, ... physical, biological samples and their analysis”, besides “behavioural attributes (गुण, भाव, विशेषता) including signatures [and] handwriting”. The Criminal Procedure (Identification) Bill, 2022 (The Criminal Procedure (Identification) Bill, 2022 was introduced in Lok Sabha on March 28, 2022. The Bill replaces the Identification of Prisoners Act, 1920. The Act authorises the collection of certain identifiable information about specified persons such as convicts for investigation of crime. The Bill expands the ambit of such details, and persons whose details can be taken. It would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans), which embodies (अवतार लेना, सम्मिलित करना, समेकित करना) this goal, has been introduced in the Lok Sabha. Some Members have argued that the Bill went against (खिलाफ जाना, के विपरीत हो) the Supreme Court’s landmark judgment declaring privacy as a fundamental right in K.S. Puttaswamy. Some contended (संघर्ष करना, दावा, तर्क) that the Bill (A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills) enabled coercive (बलपूर्वक, डराने-धमकाने वाला) drawing (take out; gather, collect) of samples and possibly (perhaps, maybe) involved a violation (contravention, breach, non-observance, neglect) of Article 20(3), which protects the right against self-incrimination (self-indictment, self accusation, self-condemnation). There are other concerns too, such as the means (method, way, manner, process, procedure) by which the data collected will be preserved, shared, disseminated (spread, circulate, distribute, publicize, communicate, make known), and destroyed. The Bill allows the records to be preserved (protect, maintain, care for, take care of, look after, keep) for 75 years, and to be destroyed earlier if the person is discharged (release, liberate, free, set free, let go) or acquitted (absolve, clear, exonerate, declare innocent, find innocent, pronounce not guilt).

The concern over privacy and the safety of the data is undoubtedly significant. Such practices that involve the collection, storage and destruction of vital details of a personal nature ought to (must, should) be introduced only after a strong data protection law, with stringent (strict, severe, extreme, rigorous) punishment for breaches (contravention, violation, non-observance, neglect), is in place (ready, set up, established). The 1920 law enabled the taking of measurements from convicts (prisoner, inmate, detainee) sentenced (punish, convict; impose a sentence on, pronounce sentence on) to a prison term of one year and above, and anyone arrested on a charge that attracts such a prison term; and thirdly, one who has furnished (equip, provide, provision, grant, present) a bond for good behaviour and peace. However, the present Bill includes all convicts, and anyone arrested under any law in force (operational, in action, in effect) or detained (imprison, jail, incarcerate, send to prison, put behind bars) under any preventive detention (confinement, incarceration, captivity) law. There is a provision (clause, stipulation, condition, specification, requirement) by which an arrested person, not accused of an offence (crime, illegal act, unlawful act, breach of the law, violation of the law, felony, wrongdoing. act of misconduct, misdeed) against a woman or a child, or one that attracts a prison term of seven years or more, may disallow the taking of samples. Not all detainees (prisoner, convict, inmate) may know that they can indeed (in fact, actually, undeniably) decline to let biological samples to be taken. And it may be easy for the police to ignore such refusal and later claim that they did get the detainee’s consent (permission, authorization, acceptance, approval). The Bill is controversial, as the tendency (inclination, disposition, leaning, penchant; trend) to arrest activists (a person who supports a political change or cause; (or societal change/cause)), protesters and even innocent people and invoke grave (terrible, awful, crucial/critical, serious) charges is on the rise (becoming very successful; increasing, becoming higher/greater (in number, amount, value, etc.)). It would be in the fitness of things (suitable, appropriate, proper, fitting) if it is referred to a Standing Committee for deeper scrutiny before it is enacted into law.

Courtesy: The Hindu

Important Word List With Meaning

1.identity (noun)

Hindi Meaning - पहचान, मान्यता, व्यक्तित्व
English Meaning - identification, recognition; individuality, originality.

2.concern (noun)

Hindi Meaning - चिंता, बेचैनी, आशंका
English Meaning - anxiety, worry, disquiet, apprehension.

3.scrutiny (noun)

Hindi Meaning - जांच, निरीक्षण
English Meaning - examination, inspection, investigation.

4.enable (verb)

Hindi Meaning - सक्षम, अनुमति देना, अधिकृत करना
English Meaning - allow, permit, authorize, grant, empower, entitle, facilitate, make possible.

5.besides (preposition)

Hindi Meaning - के अतिरिक्त, छोड़कर
English Meaning - except, except for, apart from, other than, barring, excluding.

6.inevitable (adjective)

Hindi Meaning - अनिवार्य, अपरिवर्तनीय, निश्चित
English Meaning - unavoidable, unpreventable, certain.

7.look at (phrasal verb)

Hindi Meaning - की ओर देखें, विचार करना
English Meaning - regard, consider, think of, deem, see, view.

8.suspicion (noun)

Hindi Meaning - संदेह, संकोच, सावधानी
English Meaning - misgiving, doubt, qualm, wariness, scepticism, question mark, distrust.

9.back (verb)

Hindi Meaning - वापस लौटना, समर्थन, मंजूरी, अनुमोदन
English Meaning - support, endorse, sanction, approve of, advocate, promote, uphold, champion.

10.impression (noun)

Hindi Meaning - निशान, छाप
English Meaning - indentation ,mark.

11.attribute (noun)

Hindi Meaning - गुण, भाव, विशेषता
English Meaning - quality, feature, characteristic, trait.

12.embody (verb)

Hindi Meaning - अवतार लेना, सम्मिलित करना, समेकित करना
English Meaning - include, consolidate, encompass, assimilate, integrate.

13.go against (phrasal verb)

Hindi Meaning - खिलाफ जाना, के विपरीत हो
English Meaning - be contrary to; oppose, resist.

14.contend (verb)

Hindi Meaning - संघर्ष करना, दावा, तर्क
English Meaning - claim, argue, profess, affirm, state.

15.coercive (adjective)

Hindi Meaning - बलपूर्वक, डराने-धमकाने वाला
English Meaning - overbearing, forceful, intimidating, high-handed.

16.The Criminal Procedure (Identification) Bill, 2022 (noun)

English Meaning - The Criminal Procedure (Identification) Bill, 2022 was introduced in Lok Sabha on March 28, 2022. The Bill replaces the Identification of Prisoners Act, 1920. The Act authorises the collection of certain identifiable information about specified persons such as convicts for investigation of crime. The Bill expands the ambit of such details, and persons whose details can be taken. It would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans.

17.biometric (adjective)

English Meaning - relating to the metrics with human (physical & behavioural) characteristics used for identification and access control.

18.era (noun)

English Meaning - time, period, epoch.
 

19.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills.

20.landmark (noun as modifier)

English Meaning - milestone, watershed, historic event, major achievement.

21.Part III Rights/Fundamental Rights (noun)

English Meaning - The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual’s liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

22.draw (verb)

English Meaning - take out; gather, collect.

23.possibly (adverb)

English Meaning - perhaps, maybe.

24.violation (noun)

English Meaning - contravention, breach, non-observance, neglect.

25.Article 20(3) of the constitution of India (noun)

English Meaning - Clause (3) of Article 20 declares that no person accused of an offence shall be compelled to be a witness against himself.

26.self-incrimination (noun)

English Meaning - self-indictment, self accusation, self-condemnation.

27.means (noun)

English Meaning - method, way, manner, process, procedure.

28.preserve (verb)

English Meaning - protect, maintain, care for, take care of, look after, keep.

29.disseminate (verb)

English Meaning - spread, circulate, distribute, publicize, communicate, make known.

30.discharge (verb)

English Meaning - release, liberate, free, set free, let go.

31.acquit (verb)

English Meaning - absolve, clear, exonerate, declare innocent, find innocent, pronounce not guilt.

32.ought to (modal verb)

English Meaning - must, should.

33.Personal Data Protection Bill (PDPB) , 2019 (noun)

English Meaning - The Personal Data Protection Bill, 2019 was introduced in Lok Sabha on December 11, 2019. The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.

34.Parliamentary select committee (noun)

English Meaning - ‘parliamentary select committee’ can be formed for a specific purpose, for instance, to deliberate on a particular bill. Once the Bill is disposed of, that select committee ceases to exist.

35.stringent (adjective)

English Meaning - strict, severe, extreme, rigorous.

36.breach (noun)

English Meaning - contravention, violation, non-observance, neglect.

37.in place (phrase)

English Meaning - ready, set up, established.

38.convict (noun)

English Meaning - prisoner, inmate, detainee.

39.sentence (verb)

English Meaning - punish, convict; impose a sentence on, pronounce sentence on.

40.furnish (verb)

English Meaning - equip, provide, provision, grant, present.

41.bond (noun)

English Meaning - promise, pledge, vow.

42.in force (phrase)

English Meaning - operational, in action, in effect.

43.detain (verb)

English Meaning - imprison, jail, incarcerate, send to prison, put behind bars.

44.detention (noun)

English Meaning - confinement, incarceration, captivity.

45.provision (noun)

English Meaning - clause, stipulation, condition, specification, requirement.

46.offence (noun)

English Meaning - crime, illegal act, unlawful act, breach of the law, violation of the law, felony, wrongdoing. act of misconduct, misdeed.

47.disallow (verb)

English Meaning - reject, refuse, dismiss, say no to.

48.detainee (noun)

English Meaning - prisoner, convict, inmate.

49.indeed (adverb)

English Meaning - in fact, actually, undeniably.

50.consent (noun)

English Meaning - permission, authorization, acceptance, approval.

51.tendency (noun)

English Meaning - inclination, disposition, leaning, penchant; trend.

52.activist (noun)

English Meaning - a person who supports a political change or cause; (or societal change/cause).

53.invoke (verb)

English Meaning - cite, refer to, adduce.

54.grave (adjective)

English Meaning - terrible, awful, crucial/critical, serious.

55.on the rise (phrase)

English Meaning - becoming very successful; increasing, becoming higher/greater (in number, amount, value, etc.)

56.in the fitness of things (phrase)

English Meaning - suitable, appropriate, proper, fitting.

57.House committees (noun)

English Meaning - The parliamentary (standing & select) committees; They do close examination and investigation of government policies, actions and spending.

58.Parliamentary Standing Committee/Parliamentary panel (noun)

English Meaning - it is a committee (consisting of Members of Parliament) constituted usually on an annual basis to enable detailed consideration/discussion on all bills (all proposed laws).