Courts can’t compel anybody for DNA test as it impinges on right to privacy: Supreme Court – Way2Barak

Oct. 3: In a significant development, the Supreme Court on Friday stated that no one can be forced by Courts to undergo a DNA test noting that it not only impinges on an individual’s privacy but can also lead to major societal repercussions for the person. The order came on a plea filed by a man who was directed by the High Court of Punjab & Haryana to undergo a DNA test to prove his claim for a share in the property of his biological parents.

While deciding the appeal, a bench of Justices R Subhash Reddy and Hrishikesh Roy said, “In circumstances where other evidence is available to prove or dispute the relationship, the court should ordinarily refrain from ordering blood tests. This is because such tests impinge upon the right of privacy of an individual and could also have major societal repercussions.”

Setting aside the High Court order, it added, “When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy. Seen from this perspective, the impugned judgment merits interference and is set aside.”

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