Supreme Court holds DNA test without consent illegal
April 11, 2023 11:19 PM
The Supreme Court of Pakistan on Tuesday held that a DNA test without consent is illegal, reported the 24NewsHD TV channel.
Justice Mansoor Ali Shah heard an appeal regarding a property dispute and issued a seven-page written judgment, in which it is observed that a DNA test without consent in civil cases is against personal freedom and private life.
Articles 9 and 14 of the Pakistan Constitution guarantee personal freedom and protection of private life, the apex court adds.
The Supreme Court upheld the decision of the trial court and annulled the order of the Lahore High Court.
The Lahore High Court had ordered the DNA test of Taj Din, Zubaida Bibi, and Muhammad Nawaz in a property dispute.
The court observed that Taj Din and Zubaida Bibi whose DNA was ordered were not parties in the case.
According to Shahada law, the paternity of a child born during a marriage cannot be doubted, the verdict said.
DNA test without consent is an interference in private life and a violation of fundamental rights, the judgment revealed.
“Private life is related to the human right to life.”
The court further maintained that some sections of criminal laws allow DNA tests without consent, but not in civil cases.