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Children have a right to protect their DNA Information: SC

Posted on February 22, 2023 by admin1  58

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.

 

United Nations’ Convention on the Rights of the Child

  • The UNCRC is a binding human rights treaty that sets the political, civil, economic, social, health and cultural rights of children.
  • UNCRC established  the following as core principles of children’s rights
    • Non-discrimination
    • Right to life, survival and development
    • Best interests of the child
    • Respect for the child’s views
  • It was adopted by the United Nations in 1989. It entered into force in 1990.The Government of India ratified the convention on 11 December, 1992.
  • Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.

Source: TH


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