Introduction

The Right to Genome Privacy Doctrine is an emerging legal principle that protects an individual’s genetic information from unjustified collection, analysis, storage, disclosure, or exploitation. A person’s genome contains highly sensitive information about inherited traits, potential health conditions, biological relationships, and ancestry. Its disclosure may affect not only the individual but also their family members and future generations.

The doctrine connects genomic privacy with human dignity, bodily autonomy, informed consent, confidentiality, and informational self-determination. It seeks to ensure that scientific and medical advances do not become a means of genetic surveillance, discrimination, or misuse.

In India, genome privacy is not expressly codified as a separate fundamental right. Its constitutional foundation is primarily Article 21, which protects privacy and personal liberty, along with Article 14’s guarantee of equality. The doctrine applies established privacy principles to the sensitive and often permanent nature of genomic information.

Core Principles of the Doctrine

The doctrine may be applied through the following principles:

Informed consent: A person should understand the purpose, possible findings, and intended use of genomic testing before providing a sample.

Purpose limitation: Genetic data collected for diagnosis or research should not automatically be reused for unrelated commercial or investigative purposes.

Confidentiality and security: Institutions should prevent unauthorised access, transfer, or disclosure of genomic information.

Protection against discrimination: Genetic information should not be used arbitrarily to deny employment, insurance, healthcare, or other opportunities.

Proportionality: Any compelled genetic test must be justified by a legitimate legal need and must not be more intrusive than necessary.

Remedies and oversight: Individuals should have access to complaint procedures and appropriate legal remedies when genomic information is mishandled.

The doctrine does not prohibit all genetic testing. Medical diagnosis, treatment, and legitimate scientific research may justify the use of genomic information, provided that the relevant legal and ethical safeguards are respected.

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 and other constitutional guarantees. It linked privacy with dignity, autonomy, and informational self-determination. This provides the principal constitutional foundation for genome privacy because genetic information can reveal intimate aspects of identity, health, and family relationships.

The judgment establishes that State interference with privacy must satisfy legality, legitimate purpose, 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 should not be ordered routinely. Courts must consider whether testing is genuinely necessary and whether the dispute can be resolved through other evidence.

The case supports the doctrine by requiring a judicial justification before a person is compelled to provide genetic material.

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

The Supreme Court held that a child should not have their legitimacy questioned frivolously through DNA testing. It stressed that children possess privacy rights and should not be treated as objects of forensic investigation.

The decision is significant because it recognises that genetic testing may have serious consequences for dignity, privacy, and family relationships.

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

The Supreme Court reiterated that compelled DNA testing is a serious intrusion into privacy and personal liberty. It must satisfy legality, legitimate aim, and proportionality. The Court also recognised that genetic testing can cause lasting emotional and social consequences, particularly for children and family members.

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Conclusion

The Right to Genome Privacy Doctrine seeks to protect genetic information from unjustified intrusion while permitting legitimate medical and scientific uses. Indian constitutional law supports this protection through Article 21 and judicial decisions restricting unnecessary DNA testing. Puttaswamy, Bhabani Prasad Jena, and Aparna Ajinkya Firodia establish that genomic information is deeply connected with privacy, dignity, and personal autonomy.

Although the doctrine is not a separately codified fundamental right, it provides an important framework for informed consent, confidentiality, proportionality, and accountability in genetic research and healthcare.