[vc_row][vc_column][vc_column_text dp_text_size=”size-4″]ISLAMABAD: The Supreme Court ruled on Tuesday against conducting DNA tests without consent in civil cases, describing involuntary testing as a violation of personal freedom and private life as guaranteed by Articles 9 and 14 of the Constitution.
The top court overturned a Lahore High Court (LHC) order on an appeal against a lower court’s verdict in a seven-page decision written by Justice Mansoor Ali Shah.
According to the court, the individuals whose DNA was ordered were not parties to the case. The case arose from a property dispute.
Taj Din, Zubaida Bibi, and Muhammad Nawaz had their DNA tested by the LHC.
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Despite annulling the LHC order, the Supreme Court upheld the trial court’s decision.
According to the ruling, involuntary DNA tests in civil cases violate personal freedom and private life. “Articles 9 and 14 of the Constitution protect personal freedom and private life,” it added.
According to the ruling, conducting a DNA test without consent was an invasion of privacy and a violation of fundamental rights. The court emphasised that DNA tests were permitted in criminal cases but not in civil cases.
The Supreme Court ruled that the paternity of a child born during marriage could not be questioned under Shahada (evidence) law.[/vc_column_text][/vc_column][/vc_row]
