Children have a right to protect their DNA Information: SC

In News

• Recently The Supreme Court held that children should be subjected to DNA tests only as a last resort for establishing infidelity.

About

• Supreme Court observed that 
  • Courts should mind that children are not material objects to be subjected to forensic/DNA testing, particularly when they are not parties to the divorce proceedings.
  • The rights of privacy, autonomy and identity of  children are recognised under the United Nations’ Convention on the Rights of the Child. 
  • a child’s genetic information is part of his fundamental Right to privacy.

What is a DNA paternity test?

• DNA is the genetic material children inherit from  their parents
• DNA paternity testing uses DNA profiles to determine whether an individual is the biological parent of a child.
• A 24-marker DNA profile of the parent and child is compared to identify biological parents

Legislation on DNA testing

• There is no specific legal legislation present in India that provides specific guidelines for DNA Testing.
• Section 45 of the Indian Evidence Act, 1872 : This section is used by Indian courts to deal with scientific evidence.
• Section 53 of the Code of Criminal Procedure,1973: This section authorizes a police officer for getting the assistance of a medical practitioner in good faith for the purpose of the investigation
• The DNA Technology (Use and Application) Regulation Bill, 2019:This bill attempts to establish a regulatory framework for the usage of DNA information.

Source: TH