The Supreme Court has overturned a lower court order directing a DNA test to determine parentage. The ruling reaffirmed privacy as a core fundamental right under the Constitution. The court stressed that personal dignity and family honour require strong legal protection.
Justice Muhammad Hashim Khan Kakar delivered the judgement while allowing an appeal. The petitioner, Khalid Hameed, had challenged the legality of the DNA testing order. The court found the directive unjustified and constitutionally flawed.
Background of the Legal Dispute
The dispute originated from an inheritance matter in Pakpattan. A special judge had ordered DNA tests to resolve questions about the petitioner’s paternity. The judge believed parentage formed the central issue in the inheritance claim.
Later, the petitioner challenged the order before the Lahore High Court. However, the High Court rejected the plea and upheld the testing directive. This decision prompted the appeal before the Supreme Court.
Court Warns Against Harmful Paternity Challenges
The Supreme Court warned that paternity disputes cause serious social consequences. Justice Kakar observed that such challenges often lead to humiliation and stigma. They also damage family honour and inflict psychological harm.
The judgement stressed that questioning parentage directly affects the mother’s reputation. Such allegations imply doubts about moral integrity, which courts must avoid. The court recalled earlier rulings that declared such actions impermissible.
Privacy Recognised as Personal Sanctuary
The court emphasised privacy as protection from unwarranted intrusion. It ruled that individuals deserve security in their personal and family lives. This protection extends to personal data, family relations, and bodily autonomy.
Justice Kakar explained that genetic information reveals intimate personal details. DNA contains data about lineage and physical characteristics. For this reason, courts must treat such information with extreme caution.
Constitutional Protection Under Article 14
The judgement clarified the scope of Article 14 of the Constitution. It protects the dignity of the person, not just physical spaces. This right follows individuals wherever they may be.
The court held that forced DNA collection violates privacy and liberty. Such actions interfere with autonomy and personal choice. They also amount to forced medical procedures without consent.
Liberty Goes Beyond Physical Freedom
The court linked privacy with the right to liberty under Article 9. Liberty includes freedom from arbitrary and purposeless interference. Judicial orders must align with public interest and statutory limits.
Justice Kakar stated that unjustified DNA testing breaches these protections. Such orders produce lasting damage to dignity and personal life. Therefore, courts must exercise restraint and caution.
Risk of Misuse and Lasting Harm
The judgement also highlighted risks linked to genetic data misuse. Unauthorised disclosure can cause serious personal and professional harm. Such risks strengthen the need for strict legal safeguards.
The court concluded that dignity and privacy stand inseparable. Protecting one requires safeguarding the other. As a result, the Supreme Court set aside the DNA testing order.
A Clear Message for Future Cases
The ruling sends a strong signal to lower courts. Judges must avoid intrusive orders without solid legal grounds. Family sanctity and women’s reputations deserve unwavering judicial respect.
