SC rules against involuntary DNA test in civil cases

The Supreme Court docket on Tuesday dominated towards conducting DNA checks with out consent in civil circumstances, describing involuntary check opposite to non-public freedom and personal life as enshrined within the articles 9 and 14 of the Structure.

By a seven-page judgment authored by Justice Mansoor Ali Shah, the highest court docket struck down the order of the Lahore Excessive Court docket (LHC) on the attraction towards a decrease court docket’s verdict.

The court docket mentioned that the individuals whose DNA was ordered weren’t get together to the case. The case stemmed from a property dispute case.

The LHC had ordered the DNA check of Taj Din, Zubaida Bibi and Muhammad Nawaz.

Nevertheless, whereas annulling the LHC order, the apex court docket upheld the trial court docket’s order.

Additionally learn: Use trendy strategies for DNA checks, says SHC

The judgment mentioned that involuntary DNA checks in civil circumstances have been towards private freedom and personal life. “Articles 9 and 14 of the Structure assure the safety of non-public freedom and personal life,” it added.

The judgment said that conducting a DNA check with out consent was interference within the non-public life and violation of basic proper. The judgment pressured that DNA checks have been allowed however not in civil circumstances.

The apex court docket judgement said that in accordance with the Shahada (proof) regulation, the paternity of a kid born throughout marriage couldn’t be doubted.