India supreme court rules forced DNA test violates right to privacy News
ernestoeslava / Pixabay
India supreme court rules forced DNA test violates right to privacy

The Supreme Court of India ruled Friday that a forced DNA test violates the right to privacy and personal liberty.

The decision came in a property dispute, wherein the plaintiff claimed to be the son of late Trilok Gupta and late Sona Devi. He filed a lawsuit, naming the daughters of Trilok Gupta and Sona Devi as defendants, seeking a declaration of ownership of the property they left behind. However, the defendants denied any biological connection with the plaintiff. Further, they filed an application to compel the plaintiff to take a DNA test to prove his relationship with them. While the trial court denied the application, the high court permitted it on appeal.

Adjudicating the plaintiff’s appeal against the high court order, the Supreme Court concluded that when a person refuses to take a DNA test, compelling them to do so would violate their personal liberty and right to privacy. Further, the court stated that if other evidence is available to determine the relationship, DNA tests should not be ordered because they have significant privacy and societal consequences. In addition, the bench opined that courts should balance “the quest for truth, and the social and cultural implications involved therein.”

Moreover, the court held that the proportionality test established in KS Puttaswamy v Union of India could also be used to determine whether a person can be forced to take a DNA test. The KS Puttaswamy decision came out in 2017, wherein the Supreme Court recognized the right to privacy as a fundamental right under the Indian constitution.

THIS DAY @ LAW

Indian National Congress founded

The Indian National Congress (INC) was founded on December 28, 1885 in Bombay (now Mumbai), India. In subsequent decades, the so-called Congress Party would advocate for Indian independence from the UK, which was eventually achieved in 1947. The first Prime Minister of independent India, Jawaharlal Nehru, was elected as a member of the INC. Learn more about the history and founding of the Indian National Congress.

Congress recognized Pledge of Allegiance

On December 28, 1945, Congress officially recognized the Pledge of Allegiance and encouraged its recitation in schools. The Pledge was supposedly written in 1892 by Francis Bellamy, a Baptist minister, to celebrate the 400th anniversary of Columbus Day. The words “under God” were added by Congress in 1954. The revised version of the Pledge was the subject of litigation before the United States Supreme Court originally brought by Michael Newdow, a parent who unsuccessfully objected to his daughter's school district policy requiring daily recitation of the Pledge. The court ruled that Newdow had no standing.

Nepal ends monarchy, establishes republic

On December 28, 2007, the Kingdom of Nepal's interim parliament ended the country's monarchy and established the Republic of Nepal. Free elections were held on April 10 of the following year to elect a Constituent Assembly.

Learn more about the rise of democracy in Nepal.