Right to protect Genetic Information

• Children have the right to prevent their genetic information from being disclosed in DNA tests without their permission, according to a decision by the Supreme Court of India.
• The Supreme Court also ruled that DNA tests on children should only be used as a last resort to prove infidelity.

About the judgment:

• The decision was made in response to a petition that was submitted by a man who denied being the father of his second kid and accused his wife of having an extramarital affair.
• According to the case's facts, the top court came to the conclusion that no unfavourable conclusions could be made because the mother chose not to have the child undergo a paternity test.
• Since they are not parties to the divorce process, the Supreme Court noted that courts should take care to remember that children are not inanimate objects to be subjected to forensic/DNA testing.
• The United Nations Convention on the Rights of the Child recognises children's rights to privacy, autonomy, and identity.
• The Convention recognises that persons, including children, are in charge of defining their own personal boundaries and how they define who they are in relation to others.
• Children should not be denied this right to shape and comprehend their sense of self just because they are young.
• Genetic data of a child is covered under his fundamental right to privacy.
• Genetic information is sensitive and personal. It reveals the inner core of a person.
• It enables people to make knowledgeable choices about their identification, privacy, and health.
• According to Article 21 of the Indian Constitution, this is guaranteed.
• It is crucial that children do not turn into the main issue in a couple's argument.

How can the tests be performed?

• The verdict stated that family courts should only order a DNA test when it is necessary and in the interest of justice, as a last option.
• This ought to be used as a very last resort.

What is a DNA paternity test?

• The genetic material that children inherit from their parents is called DNA.
• DNA paternity testing analyses DNA profiles to identify a person as the child's biological parent.
• To determine the biological parents, a 24-marker DNA profile of each parent and child is compared.

Laws governing DNA testing:

• In India, there is no explicit legal statute that offers instructions for DNA testing.
• Indian courts deal with scientific evidence under Section 45 of the Indian Evidence Act of 1872.
• In accordance with Section 53 of the Code of Criminal Procedure from 1973, a police officer is permitted to enlist the help of a medical professional in order to further their investigation.
• The DNA Technology (Use and Application) Regulation Bill, 2019: This bill attempts to establish a regulatory framework for the usage of DNA information.

What is the situation with genetic data in India?

• Genetic Data and Privacy: The concept of genetic data privacy aims to stop anyone from utilising someone else's genetic information without that person's consent.
• DNA samples can now easily be used to extract personal information, infringing on people's right to privacy.
• While genetic science has promise for the future, misapplication might have disastrous repercussions. Privacy protection is essential since genetic information is so important because it serves as the physical blueprint for an individual.

The benefits of genetic data:

• Genetic information can provide information about ancestry, health, and disease.
• This information can be used in medical research, enabling early disease intervention, and raising one's awareness of their own health.

Disadvantage:

• Genetic data, which is made up of a person's DNA and chromosomes, can provide personal information about a person's health and history. Direct-to-consumer genetic tests can unintentionally reveal private information and are not always accurate. Illegal access to genetic information may have detrimental effects on a person's privacy and way of life, such as unfavourable responses from employers, insurance companies, and the government.

UN Convention on the Rights of the Child:

• It is a treaty that was approved by the UN General Assembly in 1989.
• Every person who is younger than 18 years old is recognised as a child.
• It is an international agreement that the members must abide by.
• It sets out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.
• It covers things like the right to an education, the right to leisure time, and the right to protection against sexual exploitation and rape as well as mental or physical abuse.
• All UN members have approved it, with the exception of the US.
• It has received the most ratifications of any human rights treaty in world history.

Committee on Children's Rights:

• A group of specialists known as the Committee on the Rights of the Child (CRC) keeps tabs on how the United Nations Convention on the Rights of the Child is being implemented and reports on it.
• The Committee also keeps an eye on the three optional protocols for the Convention:
• The Optional Protocols on the Sale of Children, Child Prostitution, and Child Pornography, as well as the Optional Protocol on the Involvement of Children in Armed Conflict.
• Optional Protocol on a Communications Process to the Convention on the Rights of the Child.