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

Article 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 

In the landmark case of Justice K.S. Puttaswamy vs. Union of India (2017), the Supreme Court of India affirmed that the right to privacy is intrinsic to life and personal liberty, thus making it a fundamental right under Article 21.

Right to privacy is Intrinsic to Article 21:

• Personal liberty- it allows individuals to make their own decisions without interference from the state.
• Bodily autonomy & integrity- This includes the right to make decisions concerning one’s body, health and reproductive choices without coercion or interference.
• Informational choices– This refers to the right to control one’s personal data and prevent its unauthorized collection, use or disclosure..
• Privacy of communication: The right to privacy ensures the confidentiality of personal communications, including phone calls, email  and letters. It safeguards individuals from unwarranted interception or monitoring of their communications.   
• Balancing privacy and state interest (Puttaswamy judgement): Any invasion of life or personal liberty must meet the three requirements of 
  • legality, i.e. there must be a law in existence;
  • legitimate aim, includes goals like national security
  • proportionality of the legitimate aims with the object sought to be achieved.

DNA testing and Right to Privacy:

DNA testing, particularly for establishing paternity, intersects with the right to privacy and raises legal and ethical concerns. In cases where a child’s paternity is disputed, DNA testing is often seen as a scientifically accurate method to resolve such issues. However, this involves sensitive personal data, including genetic material, which falls under the purview of privacy rights.

Laws relating to D.N.A testing of Child: 

Conclusion 

While DNA testing can be a tool for determining paternity, it must be balanced against the fundamental right to privacy. Any infringement upon this right must be justified by a compelling state interest, making it necessary to ensure that such tests are conducted only in exceptional circumstances.

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