Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference discuss the law relating to D.N.A. testing of child in the womb to establish its paternity. (Answer in 250 words)

Introduction

Justice K.S. Puttaswamy recognised privacy as a constitutionally protected right flowing from dignity, autonomy and Article 21’s guarantee of life and personal liberty.

Constitutional protection

• Privacy covers bodily integrity, decisional autonomy, informational control, family life and reproductive choice.
• Any State intrusion must satisfy legality, legitimate aim, necessity, proportionality and procedural safeguards.
• Privacy is not absolute; it must be balanced with a fair trial, the best interests of the child and truth-seeking.

DNA testing and paternity

• Courts should not order DNA tests routinely or to fish for evidence. The test may affect the child’s bodily privacy, dignity, identity and the mother’s autonomy.
• Under evidence law and family-law principles, a strong factual foundation, relevance, necessity and safeguards are required; adverse inference cannot automatically replace proof.
• Prenatal testing is especially intrusive and medically risky. Less-invasive and post-birth alternatives should be preferred unless exceptional circumstances and judicially supervised necessity justify it.

Keywords: Puttaswamy, dignity, autonomy, proportionality, bodily integrity, best interests of child, informational privacy.