Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Q3. “The right to privacy cannot be interpreted in a manner that extinguishes an individual’s right to identity.” Discuss the constitutional tensions involved in paternity disputes. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
The question gains relevance in light of recent judicial debates on court-directed DNA testing, where constitutional courts have had to balance privacy rights with claims relating to identity, dignity, and inheritance.
Key Demand of the question
The question requires examining the significance of the statement that privacy cannot override an individual’s right to identity. It further demands discussion of the constitutional tensions arising in paternity disputes, associated challenges, and suitable measures to balance competing rights.
Structure of the Answer:
Introduction
Mention the expanding scope of Article 21 and the need to reconcile competing constitutional rights in family law disputes.
Body
- Significance of the statement: Explain how the right to identity, dignity, inheritance, and personal autonomy necessitates recognition alongside privacy rights.
- Constitutional tensions in paternity disputes: Discuss the conflict between privacy, bodily autonomy, legitimacy, dignity, access to justice, and the search for truth.
- Challenges in adjudication: Highlight issues relating to social stigma, absence of a comprehensive legal framework, misuse of DNA testing, and balancing competing rights.
- Way forward: Suggest a rights-based framework involving proportionality, statutory safeguards, confidentiality protections, and child-centric adjudication.
Conclusion
Conclude by emphasising that constitutional governance requires harmonising privacy and identity through a balanced approach rooted in dignity, justice, and proportionality.
