Supreme Court Sets Aside DNA Test Order, Cites Privacy and Family Honour

ISLAMABAD: The Supreme Court has overturned a lower court order directing DNA testing to determine the parentage of a petitioner, ruling that such directions, if issued without compelling legal justification, violate the fundamental right to privacy and cause serious harm to personal dignity and family honour.

The judgement was authored by Justice Muhammad Hashim Khan Kakar, who was heading a two-member bench that accepted an appeal filed by Khalid Hameed. The apex court set aside earlier rulings of a special judge of the Anti-Corruption Court, Pakpattan, and the Lahore High Court, which had upheld the DNA testing order.

The controversy arose from an inheritance dispute in which a special judge, on November 3, 2022, ordered DNA tests of the petitioner and another individual, Mohammad Haneef, holding that the core issue revolved around the petitioner’s paternity. The petitioner challenged the directive, arguing that it amounted to an unlawful intrusion into his private life and dignity.

In its six-page verdict, the Supreme Court observed that unnecessary public challenges to a person’s paternity inevitably result in societal embarrassment, humiliation and severe psychological stigma. Justice Kakar warned that compelling DNA tests without adequate grounds casts serious aspersions on the character and moral integrity of a person’s mother — a practice the court said had previously been declared impermissible.

The judgement emphasised that such judicial directives, when lacking proper legal basis, constitute an unwarranted intrusion into the sanctity of family life and a woman’s reputation. The court stressed that these consequences cannot be justified under the guise of legal process.

Elaborating on constitutional protections, the court held that the right to privacy, recognised under Article 14 of the Constitution, extends beyond physical premises and attaches to the person, regardless of location. Justice Kakar noted that genetic information is extremely sensitive, containing comprehensive details about lineage and physical traits, and its extraction without due process violates rights to privacy, autonomy and liberty.

You May Also Like: ‘Super Flu’ in Pakistan Warrants Caution but No Panic, Say Health Experts

The court further observed that the right to privacy has evolved into an independent fundamental guarantee, closely linked to human dignity and individuality. It protects personal data, family life and intimate decision-making from unwarranted interference by the state or private entities.

The judgement also cautioned against the potential misuse or unauthorised dissemination of genetic data, which could cause lasting personal and professional harm. It added that the right to liberty under Article 9 encompasses freedom from arbitrary restraints on personal autonomy, not merely protection from physical detention.

Concluding, the Supreme Court ruled that ordering DNA tests without consent or lawful justification is not a minor procedural lapse but a serious violation with profound implications for an individual’s dignity, reputation and private life.