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 DNA testing of a child in the womb to establish its paternity.

In K. S. Puttaswamy Judgment, the nine Judge Bench in this case unanimously reaffirmed the right to privacy as a fundamental right under Article 21 of the Constitution of India. The judgment overturned previous rulings such as theMP Sharma and Kharak Singh cases,which had rejected privacy as a fundamental right. Privacy includesbodily integrity, informational privacy, and personal autonomy.

## Right to privacy as intrinsic to life and personal liberty

• Basic Fundamental Right– Article 12 of the UDHR and Article 17 of the ICCPR provide legal protection to persons against ‘arbitrary interference’ with one’s privacy, family, correspondence, home, reputation, and honour.


• As JusticeD.Y. Chandrachud noted,“Privacy is essential to the exercise of individual freedoms, and allowing people to make personal choices without fear of external judgment or coercion.


• Protection from Arbitrary State Actionandensures accountability in governance. Eg- invalidation of Section 66A of IT Act.


• Test for Privacy Infringement: Any restriction on the right to privacy must meet the threefold test established by the Court:Legality:There must be a law justifying the interference.Legitimate Aim:The law should promote a legitimate state interest.Proportionality:The interference must be proportional to the need to achieve the objective.


• Legality:There must be a law justifying the interference.


• Legitimate Aim:The law should promote a legitimate state interest.


• Proportionality:The interference must be proportional to the need to achieve the objective.


• Impact on Laws: The ruling influenced theformulation of data protection laws, leading to the development of the Personal Data Protection Bill and shaping the debate on issues like the Aadhaar program.

## Dna Testing Law And Right To Privacy-

Legal Framework for DNA Testing

• The Medical Termination of Pregnancy Act, 1971:regulates abortion in India and includes provisions for DNA testing in the context of prenatal diagnosis.


• The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994:regulates the use of DNA testing for genetic disorders, ensuring that such tests are conducted ethically and legally.


• The Indian Evidence Act, 1872:Section 45,112 of this act allows for the admissibility of expert opinions, including DNA testing results, in legal proceedings


• DNA Technology Regulation Bill


• Guidelines from the Indian Council of Medical Research (ICMR)

Justification for providing DNA testing

• Legal Clarity:DNA testing provides accurate scientific evidence to establish paternity, which can resolve legal disputes related to inheritance, custody, or support claims.


• Judicial Rulings on Paternity Testing:Courts have increasingly used DNA testing in paternity disputes.Eg. in Dipanwita Roy vs. Ronobroto Roy (2014)


• Child’s Right to Know and Identity:The Supreme Court upheld a child’s right to know their parentage underArticle 21.


• Ensuring Fair Justice: DNA testing can help in delivering justice in cases of adultery, marital disputes, or allegations of paternity fraud


• Preventing Misuse:Regulating DNA testing helps prevent sex-selective abortions and discrimination, promoting the rights and equality of unborn children.

Ethical Concerns in Fetal DNA Testing

• Informed Consent:The mother’s consent must be voluntary, without coercion, with full disclosure of risks to both mother and child.


• Intrusion into Bodily Autonomy: Forcing a woman to undergo DNA testing during pregnancy may infringe on her bodily autonomy and decision-making rights over medical procedures.


• Social Stigma: In certain cultural contexts, paternity testing may expose sensitive family matters, leading tosocial stigmafor the mother, child, or family.


• Potential Harm:Invasive tests like amniocentesis or CVS carry risks to the fetus and should only be used when necessary, with non-invasive methods preferred.


• Privacy and Data Protection:DNA data must be securely handled to protect both mother and child, preventing misuse that could lead to future stigmatization or discrimination.

InBhabani Prasad Jena vs. Orissa State Commissionfor Women (2010), the court emphasized the need to balance DNA testing with personal dignity and privacy, especially regarding pregnant women.

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