DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court


The Supreme Court said on Friday that DNA tests should not be ordered routinely but only in deserving cases. Forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of the individual, the apex court added.

In situations in which other evidence is available to prove or disprove a relationship, courts should refrain from ordering blood tests, the Supreme Court stated on Friday.

Barring twins, DNA is unique for each individual and can be used to trace family linkages, expose sensitive health information and gather data on a person’s identity, the bench said.

“Whether a person can be compelled to provide a sample for DNA in such matters can also be answered considering the test of proportionality laid down in the unanimous decision of this Court in K S Puttaswamy v Union of India, wherein the right to privacy has been declared a constitutionally protected right in India,” the bench of Justices R Subhash Reddy and Hrishikesh Roy was quoted by PTI.

Therefore, courts need to examine the proportionality of the legitimate aims being pursued when ordering a DNA test, the Supreme Court said. This includes whether it is arbitrary or discriminatory, whether it may have an adverse impact on the person and whether the encroachment upon the privacy and personal autonomy of the person being subjected to the DNA test is justified.

THE CASE

This verdict came on an appeal filed by Ashok Kumar. He is seeking a declaration of ownership of the property left behind by late Trilok Chand Gupta and late Sona Devi.

He has claimed to be the son of Trilok Chand Gupta and Sona Devi. However, the defendants in the case — the couple’s three daughters — denied that Ashok Kumar was the son of their parents in a written statement. Hence, he is disentitled from a share in the property, they said.

During the trial, the defendants sought a DNA test of Ashok Kumar in order to prove or disprove a biological link between the defendants and the plaintiff.

However, Ashok Kumar opposed the plea for a DNA test and stated that he had produced adequate documentary evidence to support his claim. The trial court said that he could not be compelled to undergo the test.

(With inputs from PTI)

ALSO READ: Farmers strangulated Delhi, now want to enter city: Supreme Court on plea to protest at Jantar Mantar

ALSO READ: Mumbai court issues process against Anil Deshmukh over non-compliance to ED’s summons



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Legal Updates/News

Punjab and Haryana HC gets one more judge, justice Rajan Gupta transferred

Justice Sureshwar Thakur has been transferred to the Punjab and Haryana high court from the Himachal high court The Centre on Monday notified transfer of justice Rajan Gupta, the senior-most judge after the chief justice at Punjab and Haryana high court, to the Patna high court. Justice Sureshwar Thakur has been transferred to the Punjab […]

Read More
Legal Updates/News

Delhi High Court gets two new judges

Two new judges of the Delhi High Court were sworn in on Monday, taking the working strength of the court to 31 against a sanctioned strength of 60. Chief Justice D.N. Patel administered the oath of office to Justices Yashwant Varma and Chandra Dhari Singh, who were transferred to Delhi from the Allahabad High Court. […]

Read More
Legal Updates/News

Private schools to move High Court against dues on buses : The Tribune India

Our Correspondent Nurpur, October 11 The Kangra district private schools’ association (affiliated with the HP Board of School Education) has taken strong exception to the government authorities’ pressure on them to clear outstanding dues related to private buses stranded on the school premises in the wake of the pandemic since March 2020. Jaswant Dhadwal, president […]

Read More