Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference, discuss the law relating to D.N.A. testing of child in the womb to establish its paternity. (250 words)

The right to privacy in India is a fundamental right under Article 21 of the Constitution, as affirmed by the Supreme Court in the landmark Justice K.S. Puttaswamy v. Union of India (2017) case. This right is intrinsic to life and personal liberty, ensuring individuals’ autonomy over personal decisions and data.

Right to Privacy under Article 21

Fundamental Right: The Supreme Court recognized privacy as a fundamental right under Article 21, which guarantees the right to life and personal liberty.
Judicial Precedents: The Puttaswamy judgment overruled previous decisions that denied privacy as a fundamental right, establishing it as essential for dignity and freedom.
Technological Era: With advancements in technology, informational privacy, particularly concerning personal data, has gained prominence.

DNA Testing of Child in the Womb

Legal Presumption: Under Section 112 of the Indian Evidence Act, a child born during a valid marriage is presumed legitimate unless proven otherwise.
Supreme Court Guidelines: DNA testing to establish paternity is permissible only when there is substantial evidence to challenge this presumption, protecting children’s privacy rights.
Privacy Concerns: The court emphasizes that children should not be subjected to DNA tests frivolously, as it affects their psychological well-being and identity.
Exceptional Circumstances: DNA tests are allowed only in exceptional cases where paternity is central to the dispute, not merely collateral.

The way forward involves balancing the right to privacy with technological advancements and legal requirements. Strengthening legal frameworks like the Digital Personal Data Protection Act (DPDPA) 2023 can further protect privacy rights while addressing concerns about misuse of genetic information.