A few days back we at @presumptionkaro discussed two interesting ECHR cases, which dealt with whether states have a right to store DNA samples and profiles indefinitely? The cases were:
1. Marper v. The UK
2. Gaughran v. The UK (1/n)

For context, ECHR relies on a 3 part test to decide whether a restriction is valid:
1. Legislation to be prescribed by law (should not be vague)
2. Serves a legitimate purpose (angrez version of reasonable restriction) and
3. The necessity of it in a democracy (2/n)

In the case of Marper, the accused's (who was later acquitted )DNA samples were collected, the state refused to get rid of them, stating reasons that since DNA profiles and samples are only stored but not used it's not a violation of privacy,, (3/n)

and also said that these profiles help in detecting crimes in the future and is therefore necessary. Whereas the petitioners contended that storage of such sensitive information was in itself violative and stigmatised the acquitted person for life (4/n)

The court rejected the state's argument and held that storage of the acquitted person's DNA was violative of their freedom. It said:
1. Storage in itself is violative and usage does not matter
2. Ease of government to solve crimes cannot be a reason to store and (5/n)

3. That such storage stigmatises people. The court also highlighted the need for the governments to trust their citizens (and not do kagaz dikhao behaviour) (6/n)

Gaughran's case differed slightly because the applicant was Convicted of the crime for which their sample was collected. Here although the court agreed that there is a difference between acquitted and convicted the storage of DNA is still disproportionate (7/n)

What this led us to discuss was:
1. How does this scenario work out in India and how the DNA bill does the exact opposite of what these judgements say
2. How justified are sex offender's registries and how far can larger public interest justify them? (8/n)

3. In a country like India where huge social inequalities exist, what impact does such storage of data or policies like sex offender registries have on people? How does one legally argue before a court regarding these inequalities (9/n)

Please tell us what you think about these questions (we are as confused as you all are lololol). I only made this thread because I was supremely bored and capitalism kept telling me to be PrOduCtiVe. Don't diss me for grammar errors plis. Goodnight