Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of…

Question

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 paternity.

Ghissu Editorial · Accepted Answer

Privacy is intrinsic to Article 21 under Puttaswamy (2017), so a DNA test of a child in the womb is ordered only on eminent need, given the presumption of legitimacy and prenatal testing limits. Ivan Rathinam (2025) requires courts to weigh the child's privacy against the need for truth.

**Introduction**

K.S. Puttaswamy (2017) held privacy intrinsic to life and personal liberty under Article 21. Paternity disputes test this, because a DNA test of a child in the womb exposes the bodily and informational privacy of both mother and child.

**Why Privacy Is Intrinsic to Article 21**

1. **Dignity and liberty**: A life of dignity, recognised since Francis Coralie Mullin (1981), needs a protected inner zone, which Puttaswamy split into bodily, informational and decisional privacy.
2. **Reproductive autonomy**: Suchita Srivastava (2009) made a woman's reproductive choice part of personal liberty, subject to Puttaswamy's proportionality test.

**Law on DNA Testing of a Child in the Womb**

1. **Presumption of legitimacy**: Section 116 of the Bharatiya Sakshya Adhiniyam 2023 (formerly Section 112, Evidence Act) presumes a child born in wedlock legitimate, so Goutam Kundu (1993) barred roving DNA inquiries.
2. **Eminent need**: Bhabani Prasad Jena (2010) and Ivan Rathinam (2025) allow a test only on a strong prima facie case, weighing the child's privacy and dignity against the need for truth.
3. **Prenatal limits**: The PCPNDT Act 1994 permits prenatal techniques only for listed abnormalities and invasive sampling risks miscarriage, so courts rarely compel it, drawing an adverse inference from refusal instead (Sharda v. Dharmpal, 2003).

SKETCH: flow | When Courts Order Paternity DNA
- Paternity in issue
- Presumption applies
- Non-access pleaded
- Eminent need shown
- Privacy weighed
- Test ordered

**Conclusion**

A DNA test of an unborn child is the exception, permitted only on eminent need with the mother's consent. A DNA law with consent and purpose limits, and the child's best interest as the deciding test, would balance truth with dignity.

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 paternity.

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