Genetic Privacy and DNA Profiling: A Comparative Legal Study of India and the United Kingdom

Abstract

This paper examines whether the legal regime on DNA profiling in the United Kingdom can serve as a viable benchmark for the development of India’s nascent genetic identification framework. By comparing legislative safeguards, institutional mechanisms, and judicial interpretations in both jurisdictions, the paper evaluates the coexistence of DNA technologies with fundamental rights, particularly the right to privacy. The hypothesis asserts that technological advancement and privacy can harmoniously coexist through a robust legal framework. The analysis underscores that the UK, especially after the S and Marper v. United Kingdom judgment by the European Court of Human Rights, offers a balanced model that India can emulate, albeit with culturally and constitutionally appropriate adaptations.