In a new judgement by Justice Syed Mansoor Ali Shah, DNA tests for identifying genetic relationships in civil cases have been deemed unlawful without the consent of those involved. The justification given was that it interferes with their right to privacy, and rightfully so. Procedures like genetic testing cannot be carried out without consent, especially considering that it divulges personal information like genetic predispositions, familial relationships and ethnicity. Such data should be preserved and its use should be determined by the people themselves.
The judgement came after an appeal to the Supreme Court against a DNA test instructed by the Lahore High Court to determine parentage in a civil case. The court distinguished between civil and criminal proceedings, stating that the latter involved certain provisions due to which consent is rendered null and void when it comes to DNA testing. The reason for this is because the rights of another individual are infringed upon, thereby warranting intervention to hold the criminal accountable. Civil cases have no such provisions, nor is it so urgent in nature. The only outcome is to determine parentage and if relevant parties choose to refrain from taking the DNA test, their wishes must be respected and upheld.
Mandatory DNA testing in civil cases has the potential to violate the right to privacy because the wealth of information uncovered through the test is rather personal, only to be used in accordance with the direction of the individual involved. Furthermore, the constitution under Article 14 protects privacy not only in regards to the physical house of an individual but their entire life as well. So the SC’s judgement is keeping in line with these rights and the distinction between civil and criminal cases. The government should work on expanding and upholding such principles across the nation as well.