No one can be forced by courts to undergo a DNA test : Supreme Court

The Supreme Court Friday said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual.

The apex court said in circumstances where other evidence is available to prove or dispute the relationship, the court should ordinarily refrain from ordering blood tests.

The order came on a petition filed by a man who was directed by the Punjab & Haryana high court to undergo a DNA test to prove his claim for a share in the property of his biological parents.

His claim was disputed by the couple’s three daughters, who denied that the man was their brother, and said that he was not the son of their parents. The women first demanded a DNA test of the man in a court in Kalka, and moved the high court after the trial judge declined to grant their request.

When a DNA test was allowed by the high court in March 2019, the petitioner approached the top court.