Roadmap for Answer Writing
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Introduction
- Briefly introduce the concept of the right to privacy and its significance in the context of Article 21 of the Indian Constitution.
- Mention the landmark Puttaswamy judgment (2017) that recognized privacy as a fundamental right.
- Right to Privacy as Intrinsic to Life and Personal Liberty
- Interconnected with Other Fundamental Rights: Explain how privacy is essential for exercising rights like freedom of speech and religion.
- Fact: The Supreme Court emphasized that privacy is necessary for the enjoyment of other fundamental rights (Puttaswamy v. Union of India, 2017).
- Protection of Individual Autonomy: Discuss the role of privacy in personal decision-making regarding family and reproductive choices.
- Preventing Arbitrary State Action: Elaborate on how privacy protects individuals from state overreach and arbitrary actions.
- Fact: Privacy mandates the state to justify any encroachment on personal privacy.
- Interconnected with Other Fundamental Rights: Explain how privacy is essential for exercising rights like freedom of speech and religion.
- Law Relating to DNA Testing of Child in the Womb to Establish Paternity
- Section 112 of the Indian Evidence Act: Describe the presumption of legitimacy and its implications for family privacy.
- Fact: A child born within a marriage is presumed legitimate unless proven otherwise.
- Judicial Precedents: Reference key cases like Goutam Kundu vs. State of West Bengal, which highlight the cautious approach courts take regarding DNA testing.
- DNA Technology (Use and Application) Regulation Bill, 2019: Discuss the regulatory framework around DNA testing for legal purposes.
- Consent Requirement: Emphasize the importance of informed consent before conducting DNA tests.
- Fact: Courts require consent to uphold the right to privacy in family matters.
- Section 112 of the Indian Evidence Act: Describe the presumption of legitimacy and its implications for family privacy.
- Conflict Between Right to Privacy and DNA Testing in Paternity Cases
- Personal Liberty vs. Truth: Discuss the tension between a parent’s right to privacy and the child’s right to know their biological parentage.
- Fact: The case of Rohit Shekhar vs. Narayan Dutt Tiwari illustrates this conflict.
- Judicial Oversight: Explain the courts’ role in balancing the right to privacy with the need for establishing paternity.
- Fact: Courts have denied DNA testing when privacy concerns outweigh legal necessity (e.g., Banarsi Dass vs. Teeku Dutta).
- Personal Liberty vs. Truth: Discuss the tension between a parent’s right to privacy and the child’s right to know their biological parentage.
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Conclusion
- Summarize the importance of the right to privacy in the context of DNA testing for paternity.
- Reinforce the need for a balanced approach that respects both individual privacy and the rights of children.
Relevant Facts for the Answer
- Puttaswamy v. Union of India (2017): Established the right to privacy as a fundamental right under Article 21.
- Section 112 of the Indian Evidence Act: Presumes legitimacy of children born within marriage.
- Goutam Kundu vs. State of West Bengal: Court emphasized sparing use of DNA tests to protect family privacy.
- DNA Technology (Use and Application) Regulation Bill, 2019: Aims to regulate DNA testing while addressing privacy concerns.
- Rohit Shekhar vs. Narayan Dutt Tiwari: Case highlighting conflict between privacy and the right to know parentage.
- Banarsi Dass vs. Teeku Dutta: Example of courts denying DNA tests due to privacy concerns.
Model Answer
Introduction
The right to privacy is a fundamental aspect of life and personal liberty, as established by the Supreme Court of India in the landmark case of Puttaswamy v. Union of India (2017). This case affirmed that privacy is intrinsic to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Court unanimously recognized that privacy is essential for the enjoyment of various other fundamental rights, including autonomy over personal decisions and protection against arbitrary state actions.
Right to Privacy as Intrinsic to Life and Personal Liberty under Article 21
Law Relating to DNA Testing of Child in the Womb to Establish Paternity
Balancing Right to Privacy with Other Interests
The conflict between the right to privacy and the need for DNA testing in paternity cases highlights the complexities involved. Courts must carefully evaluate each case, ensuring that privacy is only compromised when legally justified. For instance, in the case of Rohit Shekhar vs. Narayan Dutt Tiwari, the need for biological truth through DNA testing was weighed against privacy concerns . Judicial oversight is crucial to maintain this balance, ensuring that the dignity of all parties involved is preserved.
Conclusion
In conclusion, while the right to privacy is a fundamental right under Article 21, the legal framework surrounding DNA testing for paternity must navigate the delicate balance between individual privacy and the child’s right to know their biological parentage.