Deoxyribonucleic acid, commonly referred to as DNA, is a complex organic molecule with strands made up of a long chain of monomer nucleotides. Its double helix structure, discovered by James Watson and Francis Crick in 1953, is pivotal for the genetic transmission from one generation to the next. Majority of it is located inside the cell nucleus, hence it is also often referred to as nuclear DNA. Data storage in DNA occurs through codes made up of four Nitrogenous bases: Adenine (A), Guanine (G), Cytosine (C) and Thymine (T).
Utilising DNA Testing for Justice
DNA testing plays a pivotal role in justice delivery in several contexts. For instance, it helps in identifying and ensuring justice in cases involving abandoned mothers and children. Additionally, it proves to be a highly effective technique in civil disputes when the court needs to determine issues related to maintenance and establish the actual parentage of a child.
The Balance of Justice and Privacy: An Issue
Recent years have seen a rising trend of complainants in court cases asking for DNA tests. According to government laboratories, these demands are growing at an approximate rate of 20% per year. Despite only around 3,000 DNA tests being performed annually by Indian labs – insignificant compared to 70 other countries that extensively use DNA technology – this increasing demand has raised questions regarding privacy and potential data misuse.
The Supreme Court’s Stance on DNA Testing
The Supreme Court of India has expressed concerns regarding the burgeoning use of DNA tests in court cases. The court recognises the ’eminent need’ to uncover the truth, whether it be in criminal cases, claims of marital infidelity, or confirming paternity. However, it also highlights the risks of encroachment on individual privacy and potential self-incrimination. The Supreme Court has affirmed bodily autonomy and privacy as fundamental rights under Article 21, raising concerns over potential violations due to expanding use of technology for justice.
Precedents Set by Supreme Court in previous cases
There have been multiple landmarks cases where the Supreme Court stressed upon the cautious use of DNA tests. In Bhabani Prasad Jena (2010), the court stated that genetic tests cannot be ordered as a “roving enquiry”. While in the Banarsi Dass case (2005), it was held that DNA testing must balance interests of involved parties and should not be dictated if additional substantial evidence is available. The court also emphasized considering the “proportionality of the legitimate aims” before ordering a genetic test, as stated in Ashok Kumar Judgment (2021). Privacy arguments have been reinforced in K.S. Puttaswamy case (2017) where the right to privacy was affirmed as part of the rights to life (Article 21).
DNA Testing and Personal Liberty
In a recent ruling involving a woman, the Supreme Court stated that forcing someone to submit to a DNA test against their will would violate their right to personal liberty and privacy, further highlighting the delicate balance between the pursuit of justice and respect for individual rights.
UPSC Civil Services Examination Previous Year Question Analysis
A question in a previous year’s UPSC Civil Services Examination asked candidates to consider three statements related to genetic changes and select the correct one(s). All three statements were correct, reinforcing the understanding of germline gene therapy, CRISPR technology, and the role of pigs in disease studies due to their anatomical and physiological similarities with humans.
