Forcing one to undergo DNA test impinges upon liberty, privacy: Supreme Court

The top court said DNA is unique to an individual and can be used to identify a person’s identity, trace familial linkages or even reveal sensitive health information

The Supreme Court on Friday said forcing an individual to undergo DNA test would impinge upon one's personal liberty and right to privacy.

"The possibility of stigmatising a person as a bastard, the ignominy that attaches to an adult who, in the mature years of his life is shown to be not the biological son of his parents may not only be a heavy cross to bear but would also intrude upon his right of privacy," a bench of Justices R Subhash Reddy and Hrishikesh Roy said.

The top court said DNA is unique to an individual, barring twins, and can be used to identify a person’s identity, trace familial linkages or even reveal sensitive health information.

"Whether a person can be compelled to provide a sample for DNA can also be answered considering the test of proportionality laid down in the unanimous decision of this court in K S Puttaswamy Vs Union of India, wherein the right to privacy has been declared a constitutionally protected right in India," it added.

The court set aside the Himachal Pradesh High Court's decision which allowed a plea by daughters of a deceased couple to conduct DNA test on a man who claimed to be son of their parents in a suit filed by him for declaring him to be owner of a property at Kalka.

It said, "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."

The bench restored the trial court order which dismissed the plea of daughters, saying the nature of further evidence to be adduced by the plaintiff (by providing DNA sample), need not be ordered at the instance of the other side.

"In any case, it is the burden on a litigating party to prove his case and the court should not compel the party to prove it in the manner, suggested by the contesting party," the bench added.

In such cases, the court should examine the proportionality of the legitimate aims whether those are not arbitrary or discriminatory, whether those may have an adverse impact on the person and that they justify the encroachment upon the privacy and personal autonomy of the person, being subjected to the DNA test.

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