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General Studies 2024 GS Paper II 15 marks 250 words Compulsory Explain

GS Paper II — Q12

Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution…

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. (Answer in 250 words) 15 marks

हिंदी में प्रश्न पढ़ें

निजता का अधिकार, प्राण तथा दैहिक स्वतंत्रता के आंतरिक भाग के रूप में, संविधान के अनुच्छेद 21 के अंतर्गत स्वाभाविक रूप से संरक्षित है। व्याख्या कीजिये। इस संदर्भ में एक गर्भस्थ शिशु के पितृत्व को सिद्ध करने के लिए डी.एन.ए. परीक्षण से सम्बन्धित विधि की चर्चा कीजिये। (उत्तर 250 शब्दों में लिखिए)

Q12 of the 2024 UPSC Mains General Studies GS Paper II, as printed
The question as printed in the 2024 General Studies paper
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Model answer

Written by UPSC Answer Check against this question's marking rubric, to the 250-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.

Right to privacy is inherent in Article 21. In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held privacy an intrinsic facet of life and personal liberty, protecting bodily integrity, autonomy and information from intrusion.

This right limits prenatal paternity testing. Under the PCPNDT Act, 1994, prenatal diagnostic procedures are permitted only for detecting genetic or structural abnormalities; sex determination is prohibited. A DNA test of a foetus to establish paternity is not a diagnostic or therapeutic procedure and is therefore not permitted. The MTP Act governs termination of pregnancy only; it does not authorise fetal sampling for paternity.

Section 112 of the Indian Evidence Act creates a presumption of legitimacy for a child born during valid marriage, conflicting with private paternity testing. Courts have confined DNA evidence: in Dipanwita Roy Bhattacharya v. Pradyut Roy (2005), DNA testing is not automatic and requires necessity and safeguards; in Nandlal Wasudeo Badwaik v. Lepika Nandlal Badwaik (2011), the Section 112 presumption may be rebutted only through proper evidence, not coercive or indiscriminate testing. These decisions protect the mother’s privacy and family dignity, while allowing paternity disputes to be resolved after birth.

The child’s interest in identity, if raised after birth, is not a pre-birth right recognised by these precedents and must yield to the statutory ban and the mother’s privacy. Since the PCPNDT Act does not specifically address prenatal paternity testing, a legislative or guideline regime is needed to reconcile privacy, legitimacy and identity claims.

What "Explain" is asking you to do

Make the working of something clear — what sets it off, what follows from what, and what it produces. Explain is the Commission's mechanism word: it dominates the technical papers and the “explain why” stems, where the marks sit in the causal chain and not in the label.

Structure that answers it

State what it is → the initiating condition → the chain of cause, step by step → an instance where it plays out → what the chain produces

Where marks are lost

Describing what something looks like instead of why it works that way. Naming the stages without linking them reads as description too.

All UPSC directive words, compared →

How this answer will be evaluated

Approach

Framework: Principle > Institution or Article > Problem with example > Realistic reform. explain: definition/context > points in order > small example > short close Full marks: Clear explanation of privacy under Art 21 with balanced discussion of prenatal DNA testing law and ethics

Key points expected

  • Privacy as fundamental right under Article 21
  • Justice Puttaswamy judgment establishing privacy
  • Legal framework for prenatal DNA testing
  • Supreme Court guidelines on DNA testing
  • Feticide (Prevention) Act relevance
  • Ethical concerns of prenatal paternity testing
  • Balance between privacy and paternity rights
  • Child's right to know paternity

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. The answer Explain privacy as intrinsic to Art 21 and discuss the law on prenatal DNA testing for paternity. 15 marks · 250 words

    explain— definition/context → points in order → small example → short close

    Must cover

    • Cite Justice Puttaswamy judgment on privacy
    • Link privacy to Article 21 life and liberty
    • Discuss legal status of prenatal DNA testing
    • Address conflict between privacy and paternity rights

    Loses marks

    • Reciting Article 21 without explaining privacy
    • One-sided discussion ignoring ethical concerns
    • Ending without addressing legal reform

    Earns more

    • Mention Supreme Court guidelines on DNA testing
    • Reference Feticide (Prevention) Act
    • Discuss ethical implications of prenatal testing
    • Balance privacy with child's right to know

    Extra mark

    • Cite specific Supreme Court case on DNA testing
    • Reference Law Commission recommendations on privacy

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