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.

“Privacy is the constitutional core of human dignity.” – Justice D.Y. Chandrachud

The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) declared that Right to Privacy is intrinsic to Right to Life and Personal Liberty under Article 21.

Scope of Right to Privacy (post-Puttaswamy)

Informational Privacy – Protection of personal data, Aadhaar details, medical records, online footprints.

Decisional Autonomy – Eg- Navtej Singh Johar (2018) decriminalised same-sex relations.

Bodily Integrity – Eg- Suchita Srivastava v. Chandigarh Administration (2009) recognised reproductive choice.

Family, Marriage & Relationships – Eg- Shafin Jahan v. Asokan (2018, Hadiya case) upheld interfaith marriage choice.

Reproductive Rights – Eg- in X v. Principal Secretary, Health case (2022), SC allowed abortion for unmarried women under MTP Act.

Digital Privacy – Protection against surveillance, right to internet access, and data protection in cyberspace. Eg- Aadhar Judgment

However, Privacy is not absolute and subject to Reasonable Restrictions

Test of Proportionality – Puttaswamy (2017) –

Legality – sanctioned by law, with a just, fair, and reasonable procedure.

Legitimate Aim – e.g., national security, public health.

Proportionality – The nature, method, and extent of interference must be proportionate to the purpose sought.

Arguments in Favour of DNA Testing

Truth and Justice – Ensures scientific accuracy in resolving paternity disputes. Eg – Goutam Kundu v. State of West Bengal (1993) allowed DNA in exceptional cases.

Child’s Right to Identity – Establishing paternity secures child’s dignity and identity under Article 21.

Preventing Fraud – Avoids false claims in inheritance, custody, or maintenance disputes.

Criminal Justice Support – DNA helps in rape and assault cases, strengthening convictions.

International Standards – Aligns with UNCRC’s recognition of a child’s right to know parents.

Arguments Against DNA Testing

Privacy of Parents – Supreme Court in 2025 held that DNA cannot be used for “roving inquiries into paternity.”

Right to Dignity – Privacy includes the right to be left alone; forceful DNA tests intrude into intimate decisions

Genetic information = core privacy – DNA reveals “a person’s very essence” and is part of the fundamental right to privacy under Article 21.

Potential Misuse – DNA demands in marital disputes may be used to harass women and allege infidelity.

Mother’s dignity – Forced DNA tests also harm the reputation and dignity of mothers, by casting aspersions on fidelity.

Presumption of Legitimacy – Section 112, Indian Evidence Act presumes legitimacy of child born in wedlock.

Child’s dignity – Children cannot be treated as material objects in divorce battles; they have a right not to have their legitimacy frivolously questioned.

UN Convention on Rights of the Child – Recognises privacy, autonomy and identity as core entitlements of children.

Thus, the doctrine of ‘Eminent Need’ and ‘Last resort’ (Family courts should order DNA tests only in rare, expedient cases) is essential to balance a child’s right to identity with parents’ dignity and privacy.