AUTHORED BY: GAURAV PURI (MANAGING PARTNER, GLS LAW OFFICES)
RHEA LOBO (ASSOCIATE, CAPITAL LAW CHAMBERS, GENERAL CORPORATE)
ABSTRACT:
Human DNA Profiling has the means and potential to revolutionize not only forensic science but also criminal and civil investigations. With the need for evidence by the Courts DNA-based Technology provides accurate information which is needed to provide speedy justice. The DNA Based Technology (Use and Regulation) Bill, 2017 is yet to be tabled in the Parliament, but can India successfully execute such a law that may not be voluntary with regard firstly the bar of Article 20(3) of the Constitution of India and on the matter of Right to Privacy as an intrinsic part of Article 21. The researcher by the virtue of this comment seeks to investigate the following:
- That whether DNA profiling will fall within these reasonable restrictions of Article 21 vis-à-vis privacy rights?
- Can there be a guarantee of the law that DNA does not suffer from manifest arbitrariness?
- Does it suffer from the Bar under Article 20 (3) i.e. compelled testimony?
Published in: The Indian Contemporary Law Review Volume I, Issue I, 2019
PDF Link: https://www.glslawoffices.com/wp-content/uploads/2025/02/DNA.pdf