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.
The right to privacy, though not explicitly enumerated in the original text, has been firmly established as an intrinsic part of life and personal liberty under Article 21 of the Indian Constitution, as unequivocally affirmed by the Supreme Court in the landmark K.S. Puttaswamy judgment (2017). This judgment recognized privacy as a fundamental right, essential for human dignity, autonomy, and the meaningful exercise of other constitutional freedoms. It shields individuals from unwarranted state intrusion into their personal lives, choices, and data, making it a cornerstone of a democratic society. This interpretation expanded the narrow view previously held, underscoring privacy's foundational role in protecting individual identity and self-determination.
In reference to DNA testing of a child in the womb to establish paternity, the legal landscape is complex and intersects significantly with the right to privacy. While courts may, in exceptional circumstances, order DNA tests for paternity disputes, such orders are generally issued post-birth. Pre-natal DNA testing for paternity, especially of a child in the womb, raises profound ethical and privacy concerns, not only for the pregnant woman but also for the unborn child, who is also considered to have a right to privacy. Such intrusive procedures are typically permitted only when there is an overwhelming public interest or compelling necessity, and after exhausting less intrusive means. Indian law generally prioritizes the bodily autonomy and privacy of the mother, and the potential impact on the child, making judicial orders for forcible pre-natal DNA testing rare and subject to stringent scrutiny, balancing competing rights and interests.
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Sakshi Negi
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