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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 a child in the womb to establish its paternity.

Amith

✅ QUESTION (2024, GS Paper II – 15 Marks)

"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."

1. Keyword-Based Analysis

Keyword Explanation
Right to privacy A fundamental right recognized under Article 21 by judicial interpretation.
Intrinsic to life and personal liberty Embedded within the core values of dignity, autonomy, and bodily integrity under Article 21.
Explain Requires a detailed and conceptual explanation with examples/judgments.
In this reference Connect privacy rights with the second part: DNA testing of unborn child.
Law relating to DNA testing Refer to applicable laws (Pre-Conception and Pre-Natal Diagnostic Techniques Act), court rulings, and ethical-legal balance.

2. Demand of the Question

You are expected to:

  • Explain the judicial expansion of Article 21 to include right to privacy.

  • Refer to landmark judgments, especially K.S. Puttaswamy (2017).

  • Discuss legal and ethical aspects of DNA testing of a fetus for paternity determination.

  • Evaluate whether such tests violate or protect privacy, bodily autonomy, or state interests.

  • Mention relevant laws, Supreme Court rulings, and medical ethics.

3. Ideal Structure of the Answer

Introduction

  • Define Right to Privacy as part of Article 21.

  • Mention K.S. Puttaswamy judgment (2017) – 9-Judge Bench.

Body

A. Privacy and Article 21

  • Interpretation of Article 21: Right to life = right to live with dignity.

  • Puttaswamy case: Privacy as intrinsic to liberty, dignity, autonomy.

  • Mention Justice Subba Rao’s dissent in Kharak Singh v. State of UP (1962) as early root.

B. DNA Testing of Unborn Child for Paternity

  • DNA testing = medical procedure; paternity disputes involve privacy of mother and unborn child.

  • Used in matrimonial disputes, maintenance, property claims.

C. Legal and Ethical Framework

  • Relevant Laws:

    • PCPNDT Act, 1994 – prohibits sex selection but also regulates prenatal diagnostic techniques.

    • Indian Evidence Act – DNA admissible but subject to rights.

    • CrPC Sec 53 & 164A – medical examination allowed under due process.

  • Supreme Court rulings:

    • Goutam Kundu v. State of West Bengal (1993): No person can be compelled for blood test.

    • Banarsi Dass v. Teeku Dutta (2005): DNA test only when absolutely essential.

    • Nandlal Wasudeo Badwaik v. Lata Badwaik (2014): DNA is the most legitimate test of paternity, superseding statutory presumption.

D. Balancing Rights

  • Privacy of mother vs right of child to know paternity vs interest of the state.

  • Need for judicial approval and informed consent.

  • Risk of misuse, coercion, and trauma.

Conclusion

  • Right to privacy is protected, but not absolute.

  • DNA tests must balance privacy, legal necessity, and ethical safeguards.

  • Judicial oversight is key in paternity-related DNA testing.

4. Model Answer (Approx. 250–270 words)

The right to privacy has been recognized as an inherent part of Article 21 of the Constitution by the Supreme Court in the landmark K.S. Puttaswamy (2017) judgment. It held that privacy includes bodily autonomy, decisional freedom, and informational self-determination, and is essential to living with dignity and liberty.

In this context, DNA testing of a child in the womb to determine paternity raises significant legal and ethical concerns. Such tests may intrude on the mother’s privacy, bodily integrity, and mental well-being, especially if done without informed consent.

Legally, the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 regulates all forms of prenatal testing and prohibits their use for sex selection. While the Act does not directly deal with paternity, it mandates strict oversight on fetal diagnostic techniques.

Judicial precedent is cautious. In Goutam Kundu v. State of West Bengal (1993), the Court held that DNA tests cannot be compelled unless strongly justified. Similarly, in Banarsi Dass v. Teeku Dutta (2005), the SC emphasized that the dignity and privacy of individuals must be protected. However, in Nandlal Wasudeo Badwaik (2014), the Court prioritized truth and scientific evidence in cases of disputed paternity.

Thus, while DNA testing can aid justice, it must be used sparingly, under judicial supervision, and only when the right to truth outweighs privacy concerns. It must comply with due process and ensure informed consent to uphold the constitutional balance between privacy and justice.

5. Value Addition Tips

✅ Judgments to mention:

  • K.S. Puttaswamy v. Union of India (2017) – Privacy is fundamental.

  • Goutam Kundu (1993) – DNA test not compulsory.

  • Banarsi Dass (2005) – DNA test not a routine tool.

  • Nandlal Badwaik (2014) – DNA test supersedes legal presumption.

✅ Laws:

  • PCPNDT Act, 1994

  • Indian Evidence Act, 1872

  • CrPC Sec. 53 & 164A

✅ Diagram Suggestion:

          Privacy under Article 21
          ┌──────────────┬─────────────┐
          ↓              ↓             ↓
Bodily Autonomy   Informational Privacy   Decisional Freedom
          ↓
DNA Testing of Unborn Child (Legal-Ethical Dilemma)

✅ Stats/Example:

  • NCRB reports increasing use of forensic DNA in matrimonial cases.

  • WHO guidelines on prenatal testing stress informed consent.

6. Common Mistakes and How to Avoid

Mistake Avoidance Strategy
Ignoring Puttaswamy case Must anchor the first part of the answer with this case.
Mixing up sex determination and paternity Explain that PCPNDT regulates diagnostic techniques, not just sex determination.
One-sided argument Balance privacy of mother and child with need for truth and justice.
Writing emotionally or unethically Stick to legal reasoning and constitutional values.

7. Linkages to Other Parts of the Syllabus

GS Paper Topic
GS Paper II - Fundamental Rights (Art 21) - Judiciary’s role in rights expansion - Laws like PCPNDT, Evidence Act
GS Paper III - Technology & Ethics - Medical regulations, bioethics
GS Paper IV (Ethics) - Ethical dilemma: privacy vs truth - Informed consent, dignity
Essay - Privacy, dignity, and state intervention


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