Introduction

The Right to Genetic Privacy refers to an individual’s right to protect their genetic information, DNA samples, and hereditary data from unauthorised collection, testing, disclosure, or misuse. Genetic information can reveal highly personal facts about a person, including biological relationships, inherited diseases, ancestry, and potential health risks. It may also reveal information about biological relatives who have not consented to its use.

In India, genetic privacy is not separately codified as an independent fundamental right. However, it is protected through the constitutional right to privacy under Article 21, personal dignity, bodily autonomy, and the principles of informed consent. The legal framework must balance privacy with legitimate purposes such as medical diagnosis, scientific research, criminal investigation, and determination of biological relationships.

The central principle is that genetic information should not be collected or used arbitrarily. Any significant intrusion must have a lawful basis, a legitimate purpose, and safeguards proportionate to the intrusion.

Legal Framework in India

The principal legal protections include:

Article 21: Protects privacy, dignity, and personal autonomy. Genetic data falls within the sphere of informational privacy.

Digital Personal Data Protection Act, 2023: Provides a framework for processing digital personal data, including rights and duties relevant to genetic information when it is processed digitally. Its provisions apply according to their notified commencement dates.

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Information Technology Act, 2000 and SPDI Rules, 2011: Provide protections relating to sensitive personal information and reasonable security practices, subject to the applicable transition and commencement of data-protection legislation.

Medical ethics and informed consent: Genetic testing and research should respect consent, confidentiality, and the patient’s right to understand the purpose and implications of testing.

India does not have a comprehensive, standalone Genetic Privacy Act. The proposed DNA Technology (Use and Application) Regulation Bill has not become a separate enacted statute.

Relevant Case Laws

1. K.S. Puttaswamy v. Union of India (2017) 10 SCC 1

The Supreme Court recognised privacy as a fundamental right under Article 21. It held that privacy protects personal autonomy and informational control. This provides the principal constitutional foundation for genetic privacy, since genetic data can expose intimate information about health, identity, and family relationships. Any State intrusion must satisfy legality, legitimate aim, and proportionality.

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2. Bhabani Prasad Jena v. Orissa State Commission for Women (2010) 8 SCC 633

The Court held that DNA testing in paternity disputes is a sensitive matter and should not be ordered routinely. Courts must consider the need for testing, the available evidence, and the privacy and dignity of the persons involved. The judgment protects individuals against unnecessary genetic examination.

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3. Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2023) 5 SCC 1

The Supreme Court emphasised that DNA testing should not be ordered casually in matrimonial disputes. The court must consider the legal necessity of the test and its impact on privacy, dignity, and the child’s interests. This case reinforces the principle that genetic truth-seeking must be balanced against constitutional rights.

4. R. Rajendran v. Kamar Nisha (2025 INSC 1304)

The Supreme Court held that compelling a person to undergo DNA testing constitutes a serious intrusion into privacy and dignity. A DNA test must be justified by a legitimate need and satisfy proportionality. It cannot be ordered merely to investigate private relationships without sufficient legal necessity.

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Conclusion

The Right to Genetic Privacy protects individuals from unjustified collection, testing, disclosure, and exploitation of genetic information. Indian law safeguards this interest through Article 21, data-protection principles, and judicial decisions restricting unnecessary DNA testing. The cases of Puttaswamy, Bhabani Prasad Jena, and R. Rajendran establish that genetic information is deeply connected with privacy and dignity. The legal framework must therefore permit legitimate scientific and medical uses while ensuring consent, confidentiality, proportionality, and effective remedies.