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Saturday, October 2, 2021

Supreme Court's big comment: Can't force anyone to do DNA test, right to privacy is violated

The Supreme Court has said that we cannot force anyone to do a DNA test. The Supreme Court on Friday said that DNA testing should be directed not as a normal procedure but only in urgent cases as forcing a person unwilling to undergo DNA testing is a violation of the right to personal liberty and privacy.


The Supreme Court on Friday said that DNA testing should not be routinely directed, and forcing a reluctant person to undergo a DNA test is a violation of an individual's right to personal liberty and privacy. The Court said that in circumstances where other evidence is available to prove the relationship, the Court should ordinarily refrain from ordering a blood test.

A bench of Justices R Subhash Reddy and Hrishikesh Roy said DNA is unique to an individual (except twins) and can be used to identify an individual, trace family ties or even reveal sensitive health information. can be done for.

The bench said, "Whether a person can be compelled to produce a sample for DNA in such cases can be answered by the unanimous decision of this Court in KS Puttaswamy v Union of India, which seeks to uphold the right to privacy." It has been declared a constitutionally protected right in India.

"When the plaintiff himself is not ready to undergo the DNA test, forcing him to undergo it would amount to infringement of his personal liberty and his right to privacy," the bench said. The court gave this verdict on an appeal filed by Ashok Kumar seeking declaration of ownership of the property left by late Trilok Chand Gupta and late Sona Devi. He presented three daughters of the couple as defendants in the trial and claimed himself to be the son of Trilok Chand Gupta and Sona Devi.