- Apex court overturns LHC, Pakpattan judge orders, saying DNA can’t be imposed in paternity or forgery cases
- Rules only rape and sexual offences qualify for mandatory testing, labeling compulsory DNA a violation of fundamental rights
- Warns against social stigma, mental anguish from such orders, telling trial court to proceed strictly without DNA requirement
ISLAMABAD: The Supreme Court of Pakistan has ruled that compelling an individual to undergo a DNA test amounts to a clear breach of fundamental rights, holding that such forced testing violates personal dignity and cannot be injected into legal proceedings.
In a significant judgment, the apex court set aside the directives of the Lahore High Court and the Special Judge Anti-Corruption Pakpattan, which had required a citizen, Khalid Hameed, to undergo a compulsory DNA test. The Court held that forcing a person to take a DNA test in matters such as paternity disputes or alleged tampering with documents constitutes a blatant violation of fundamental rights.
According to a written judgment authored by Justice Muhammad Hashim Khan Kakar, DNA testing is a highly sensitive, private procedure and can only be mandated in specific criminal cases—particularly those involving rape or sexual offenses—where the law explicitly requires it. The Court observed that no such legal ground existed in the present case.
The judgment further noted that the private complaint filed by the petitioner was originally related to allegations of forgery and corruption. Questions of paternity or lineage were not directly connected with the case. The Supreme Court clarified that crimes such as forgery must be proven through evidence and documentary record, not through DNA testing.
Citing Articles 9 and 14 of the Constitution, the Court reiterated that personal liberty and privacy are fundamental rights of every citizen. Forcing an individual into a medical procedure without consent is unlawful, malicious, and contrary to human dignity. The judgment added that raising unnecessary doubts about a person’s paternity not only harms the individual but also causes social stigma and mental anguish for the mother and the entire family.
The Supreme Court emphasized that an order compelling a DNA test amounts to a violation of “personal dignity” and cannot be incorporated into legal proceedings. The Court noted that it has repeatedly stressed the importance of respecting citizens’ private lives in previous rulings.
The Supreme Court directed the Special Judge Anti-Corruption Pakpattan to proceed with the case strictly in accordance with the law, without the requirement of a DNA test.
