QUESTION 12
GS2
15 marks
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.
WRITE IN
11 min
250 words
What the examiner wants
Explain privacy as part of Article 21 and discuss the law on DNA testing of a child in the womb to establish paternity.
ExplainMake clear how and why it happens: causes, process, and an example for each point.
Demand-wise check
- 1Privacy: Puttaswamy (2017) — bodily autonomy, informational privacy, decisional privacy≈65 words
- 2Law on paternity testing: Section 112 of the Evidence Act (now Section 116 of the Bharatiya Sakshya Adhiniyam) presumption of legitimacy; courts order DNA tests only in rare cases with strong prima facie need≈65 words
- 3Prenatal testing: invasive risk to mother and foetus, woman's consent, PCPNDT Act limits; courts generally refuse≈65 words
Open in about 30 words and close in about 30.
Answer plan
Privacy under Article 21Paternity lawSpecific issue of prenatal DNABalancingConclusion
Where marks usually go
- Writing only on privacy and skipping the DNA question
- Not mentioning the presumption of legitimacy
Draw this
- Balance scale: child's/mother's privacy vs right to know paternity
Value addition
- Case lawGoutam Kundu v. State of West Bengal (1993): courts cannot order blood tests routinely to establish paternity; there must be a strong prima facie case.Supreme Court of India, 1993
- Case lawIvan Rathinam v. Milan Joseph (2025) reiterated that DNA tests must weigh privacy and dignity against the need for truth.Supreme Court of India, 2025
Mapped topper copies
Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.
- Alfred Thomas · Page 15 ↗Reviewed PYQ reference
- Akash Kumar · AIR 101 · Page 7 ↗Reviewed PYQ reference
- Aditya Srivastava · AIR 1 · Page 29 ↗Same syllabus reference
- Shakti Dubey · AIR 1 · Page 7 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
Next: plan for one minute, write it in 11 minutes, then get it checked.