Q12. Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference discuss the law relating to D.N.A. testing of child in the womb to establish its paternity. (Answer in 250 words)
Kartavya Desk Staff
Introduction:
The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that – Right to Privacy is a fundamental and inalienable right and attaches to the person covering all information about that person and the choices that he/ she makes.
Body:
The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
Right to Privacy and Article 21
• Scope of Article 21: Article 21 states, “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” Initially focused on protecting against arbitrary state actions, the scope has evolved to encompass implied rights, including the right to privacy.
• Initially focused on protecting against arbitrary state actions, the scope has evolved to encompass implied rights, including the right to privacy.
• Supreme Court’s Interpretation: In S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the right to privacy as a fundamental right under Article 21, overturning previous rulings that denied this status.
• Privacy as Part of Life: The Court emphasized that privacy is essential for maintaining dignity and autonomy, encompassing bodily integrity, informational privacy, and personal choices.
• Judicial Expansion of Article 21: Article 21 has been expanded to include various rights, such as: Right against adverse effects of climate change Right to a Clean Environment Right to Education Right to Health Right to Privacy
• Right against adverse effects of climate change
• Right to a Clean Environment
• Right to Education
• Right to Health
• Right to Privacy
• Test for Privacy Infringement: Any restriction on privacy must satisfy: Legality: Justified by law. Legitimate Aim: Serving a legitimate state interest. Proportionality: The interference must be proportional to the intended objective.
• Legality: Justified by law.
• Legitimate Aim: Serving a legitimate state interest.
• Proportionality: The interference must be proportional to the intended objective.
Law Relating to DNA Testing of a Child in the Womb
DNA testing is critical in resolving paternity disputes, providing accurate biological evidence. Its application raises privacy concerns related to bodily autonomy and consent.
• Judicial Precedents and Guidelines: In Bhabani Prasad Jena vs. Convenor Secretary, Orissa State Commission for Women (2010), the Supreme Court held that DNA testing should not be routinely mandated without considering individual privacy and dignity.
• Legality of DNA Testing in the Womb: Governed by the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, which strictly regulates prenatal diagnostic tests. DNA testing is permissible only under specific conditions, such as medical necessity or court orders.
• DNA testing is permissible only under specific conditions, such as medical necessity or court orders.
• Balancing Privacy and Justice: The right to privacy can be invoked to challenge forced DNA tests, especially if they compromise personal dignity. Courts recognize that while scientific evidence, including DNA testing, may be necessary in family law disputes, it must align with legal protections for privacy.
• Courts recognize that while scientific evidence, including DNA testing, may be necessary in family law disputes, it must align with legal protections for privacy.
Conclusion:
The introduction of the Personal Data Protection Bill reflects the evolving landscape of privacy laws in India, emphasizing the need to protect individual data and privacy rights. Cases involving paternity and custody have seen courts weigh the necessity of DNA evidence against the right to privacy, demonstrating the need for a balanced approach.