Children have a Right to protect their Genetic Information from DNA tests: SC

Subject :Polity

Section :Rights issues

Concept :

The Supreme Court of India has ruled that children have the right to protect their genetic information from being revealed in DNA tests without their consent.
The court ruled that-
- Genetic information is personal and intimate
- Children have the right to privacy and bodily integrity
- Children are not to be regarded like material objects and should not become the focal point of the battle between spouses
- Allowing DNA tests would also harm the reputation and dignity of the mother

Basis of this judgment

The court drew attention to the rights of privacy, autonomy and identity recognised under the United Nations’ Convention on the Rights of the Child.
It acknowledged the control that individuals, including children, have over their own personal boundaries and the means by which they define who they are in relation to other people.
Children are not to be deprived of this entitlement to influence and understand their sense of self simply by virtue of being children.

How can one get the tests done?

Family courts should direct for a DNA test only in expedient situations and in the interest of justice, as a last resort, said the judgment.
This should be practised as the option of last resort.

Right to protect Genetic Information

The right to protect genetic information is a fundamental right that recognizes an individual’s autonomy and control over their own personal and intimate genetic data.
It allows individuals to make informed decisions about their health, privacy, and identity.
In India, the Supreme Court has also held that children have the right to protect their genetic information from DNA testing in divorce proceedings, as it is part of their fundamental right to privacy.
This is guaranteed under Article 21 of Indian Constitution.
This right is recognized under various international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

UN Convention on the Rights of the Child

It is a treaty adopted by the United Nations General Assembly in 1989.
It recognises a child as every human being under 18 years old.
It is an international agreement that is legally binding on the members.
It sets out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.
It includes rights such as Right to Education, Right to Rest and Leisure, Right to Protection from Mental or Physical Abuse including Rape and Sexual Exploitation.
It has been ratified by all members of the UN except for the United States.
It is the most widely ratified human rights treaty in the history of the world.

Committee on the Rights of the Child

The 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.
The Committee also monitors the Convention’s three optional protocols:
- the Optional Protocol on the Involvement of Children in Armed Conflict,
- the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
- Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure