Q.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.

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Right to Privacy under Article 21:

• Fundamental Right to Privacy: The Supreme Court in the Puttaswamy ruling established that privacy is not an independent right but is deeply intertwined with the liberties guaranteed under Article 21. It protects individuals from arbitrary state and private intrusion into their personal lives, bodily choices, and personal data.
• The Three-Fold Test: Any state intrusion into an individual's privacy must satisfy three strict criteria:
  1. Legality: It must be backed by an existing law.
  2. Need/Legitimate Aim: It must serve a necessary state or public interest.
  3. Proportionality: The extent of the intrusion must be proportional to the objective sought to be achieved.
• Bodily Integrity: Privacy guarantees control over one's own body. Compelling an individual to undergo medical tests (like DNA sampling) without consent directly infringes upon their bodily integrity and personal liberty.

Law Relating to DNA Testing of a Child in the Womb:

Establishing the paternity of an unborn child through DNA testing involves complex legal, ethical, and medical considerations:

• Judicial Caution on DNA Tests: Indian courts have consistently maintained that DNA tests should not be ordered routinely. The Supreme Court has ruled that a DNA test is an intrusive measure and should only be directed as a last resort when there is a strong prima facie case and the dispute cannot be resolved through other evidence.
• Presumption of Legitimacy (Section 112 of the Indian Evidence Act): Under Section 112, a child born during a valid marriage is strongly presumed to be legitimate. The courts are highly reluctant to order DNA tests that might "bastardize" a child or disrupt family stability, unless "non-access" between the spouses is clearly proven.
• Consent and Bodily Autonomy of the Mother: Conducting a DNA test on a fetus requires invasive medical procedures (such as amniocentesis or chorionic villus sampling) on the pregnant mother. Forcing a woman to undergo such invasive procedures violates her right to bodily autonomy and reproductive privacy under Article 21.
• Rights of the Unborn Child: The unborn child has a right to dignity and privacy. Courts must ensure that prenatal testing does not lead to social stigma, discrimination, or physical harm to the fetus.
• Balancing Competing Rights: While the husband or a third party may have a legitimate legal interest in establishing paternity (for inheritance, maintenance, or divorce proceedings), the courts must balance this against the mother's right to bodily integrity and the child's right to legitimacy. The Supreme Court has held that the right to privacy cannot be used to completely block the search for truth in judicial proceedings, but it must be balanced using the principle of proportionality.