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 child in the womb to establish its paternity. (UPSC GS 2 2024/15 Marks)

Introduction:

The right to privacy is a fundamental right that is essential for the protection of individual autonomy and personal liberty. It is recognized as an intrinsic part of life and is inherently protected under Article 21 of the Indian Constitution.

Right to Privacy and Article 21

• Scope of Article 21:
  
  • Article 21 states, "No person shall be deprived of his life or personal liberty except according to the procedure established by law."
  • Initially, this article only protected against arbitrary state action but has since been broadened to include many implied rights, including privacy.
• Supreme Court's Interpretation:
  
  • In the landmark K.S. Puttaswamy v. Union of India (2017) case, the Supreme Court of India held that the right to privacy is a fundamental right under Article 21.
  • The judgment overturned previous rulings (such as the MP Sharma and Kharak Singh cases), which had rejected privacy as a fundamental right.
• Right to Privacy as Part of Life:
  
  • The Court emphasized that the right to privacy is intrinsic to an individual's dignity and personal liberty. It is necessary to ensure that individuals have control over their personal information and autonomy in making personal choices.
  • Privacy includes bodily integrity, informational privacy, and personal autonomy.
• Judicial Expansion of Article 21:
  
  • Over time, the scope of Article 21 has been extended to include various rights like:
    
    • Right to Clean Environment: The right to live in a pollution-free environment.
    • Right to Education: Free and compulsory education for children aged 6 to 14.
    • Right to Privacy: Declared a part of life and personal liberty.
• Test for Privacy Infringement:
  
  • Any restriction on the right to privacy must meet the threefold test established by the Court:
    
    • Legality: There must be a law justifying the interference.
    • Legitimate Aim: The law should promote a legitimate state interest.
    • Proportionality: The interference must be proportional to the need to achieve the objective.
• Link to Human Dignity: The Court highlighted that privacy is tied to human dignity, forming an essential component of the right to life and personal liberty. Protecting privacy ensures individual autonomy, self-determination, and control over personal information.
• Impact on Laws: The ruling influenced the formulation of data protection laws, leading to the development of the Personal Data Protection Bill and shaping the debate on issues like the Aadhaar program.

Law Relating to DNA Testing of a Child in the Womb to Establish Paternity

• Relevance of DNA Testing
  
  • DNA testing is often used in cases of paternity disputes to establish biological relationships.
  • While the technology is accurate, its application raises concerns regarding privacy, bodily autonomy, and consent.
• Judicial Precedents and Guidelines
  
  • Bhabani Prasad Jena vs. Convenor Secretary, Orissa State Commission for Women (2010): The Supreme Court held that DNA testing should not be used as a routine procedure to establish paternity without considering the right to privacy of the parties involved.
  • The court noted that compelling a person to undergo a DNA test must be balanced with respect for personal autonomy and dignity.
• Legality of DNA Testing in the Womb
  
  • Under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, prenatal diagnostic tests, including DNA testing for the purpose of determining paternity, are heavily regulated.
  • Testing must be authorized under specific circumstances, such as when it is medically necessary or if the court orders it.
  • Courts generally approach DNA testing cautiously, especially in sensitive cases involving children and women, to prevent potential misuse and invasion of privacy.
• Balancing Privacy and Justice
  
  • The right to privacy under Article 21 can be invoked to oppose forced DNA tests, especially if they violate personal dignity.
  • However, courts have also recognized that justice in family law disputes may require scientific evidence, including DNA testing, but only when necessary and in accordance with legal safeguards.

Conclusion:

The right to privacy is a fundamental right that is essential for the protection of individual autonomy and personal liberty. It is a cornerstone of a democratic society and must be upheld and respected by all individuals and institutions.