The Kerala High Court has issued guidelines restricting DNA testing of children born to rape victims and given up for adoption, emphasizing the preservation of privacy and sanctity of adoption. The ruling follows a suo moto case initiated by the Court in response to concerns raised by the Victim Rights Centre under the Kerala State Legal Services Authority.
In a landmark decision, the Kerala High Court has laid down stringent guidelines limiting the DNA testing of children born to rape victims and subsequently adopted. The ruling, emanating from a suo moto case registered by the Court, aims to safeguard the privacy and emotional well-being of adopted children while preserving the sanctity of adoption.
The Court’s decision was prompted by a report submitted by the Victim Rights Centre, which highlighted the potential violation of privacy and confidentiality of adoption records arising from court orders directing DNA testing of adopted children. The report underscored the importance of adhering to Regulation 48 of the Adoption Regulations, 2022, which prioritizes the confidentiality of adoption records.
During the proceedings, Advocate Parvathi Menon A, appointed as amicus curiae, argued against DNA testing of adopted children, emphasizing its adverse impact on their privacy and personal autonomy. The Court, drawing on legal precedents including Bhabani Prasad Jena v. Orissa State Commission for Women and K.S. Puttaswamy v. Union of India, underscored the fundamental right to privacy enshrined under Article 21 of the Constitution of India.
In its ruling, the Court emphasized that DNA testing should only be ordered in exceptional cases, following the principles of reasonableness and proportionality laid down in various judicial pronouncements. The Court emphasized that DNA testing is not a requisite for proving rape or POCSO cases, citing precedents such as Ashok Kumar v. Raj Gupta and Aparna Ajinkya Firodia v. Ajinkya Arun Firodia.
Consequently, the Kerala High Court set aside several orders issued by Special Courts directing the collection of blood samples from adopted children for the purpose of adjudicating rape and POCSO cases. The Court underscored the need to maintain the confidentiality of adoption records and directed authorities to refrain from displaying adoption orders on public portals.
The Court further mandated that Child Welfare Committees collect DNA samples of children given in adoption before the completion of the adoption process, in accordance with Regulation 39 of the Adoption Regulations.
The case, titled Suo Moto v State of Kerala, is scheduled for further hearing on May 27, 2024.
Conclusion: The Kerala High Court’s decision marks a significant milestone in protecting the rights and privacy of adopted children born to rape victims. By imposing stringent guidelines on DNA testing and emphasizing the principles of privacy and proportionality, the Court seeks to uphold the dignity and emotional well-being of vulnerable children while ensuring the fair administration of justice.
