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Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?
- a)Right to Equality
- b)Cultural and Educational Rights
- c)Right to Privacy under Article 21
- d)Right against Exploitation
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Courts subjecting a child to non-voluntary paternity tests in divorce ...
Right to Privacy under Article 21
The correct answer is option C, which states that subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedes his right to privacy under Article 21 of the Indian Constitution. This answer can be explained in detail as follows:
1. Introduction to the Fundamental Rights:
The Fundamental Rights are a set of basic rights guaranteed to all citizens of India under Part III of the Constitution. These rights are considered essential for the overall development and well-being of individuals.
2. The Right to Privacy:
The right to privacy is not explicitly mentioned in the Constitution of India. However, it is considered as an integral part of the right to life and personal liberty under Article 21. The Supreme Court has recognized the right to privacy as a fundamental right in various landmark judgments, including the Puttaswamy judgment in 2017.
3. Understanding Paternity Tests in Divorce Proceedings:
In divorce proceedings, paternity tests may be conducted to determine the biological father of a child. However, subjecting a child to non-voluntary paternity tests violates his right to privacy.
4. Violation of Privacy:
a. Invasive Procedure: Paternity tests involve collecting DNA samples from the child, the alleged father, and sometimes the mother. This process can be invasive and may cause physical and emotional discomfort to the child.
b. Personal Information: The results of paternity tests reveal personal and sensitive information about the biological relationship between individuals. Disclosing such information without the consent of the child violates his right to privacy.
5. Importance of the Right to Privacy:
a. Dignity and Autonomy: Privacy is essential for protecting an individual's dignity and autonomy. It allows individuals to make personal choices and decisions without interference or judgment.
b. Personal Development: Privacy safeguards an individual's personal development by providing a safe space to explore and express their thoughts, feelings, and identity.
c. Control over Personal Information: Privacy enables individuals to control the collection, use, and dissemination of their personal information.
6. Balancing Rights and Interests:
While the right to privacy is fundamental, it is not absolute. It can be limited or restricted if there is a compelling state interest. However, in the case of non-voluntary paternity tests, there is generally no such compelling state interest that justifies the violation of the child's right to privacy.
7. Conclusion:
Subjecting a child to non-voluntary paternity tests in divorce proceedings violates his right to privacy under Article 21. Protecting this fundamental right is crucial for the overall well-being and development of individuals. The courts should ensure that any infringement on the right to privacy is justified by a legitimate state interest and is proportionate to the objective sought to be achieved.
The correct answer is option C, which states that subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedes his right to privacy under Article 21 of the Indian Constitution. This answer can be explained in detail as follows:
1. Introduction to the Fundamental Rights:
The Fundamental Rights are a set of basic rights guaranteed to all citizens of India under Part III of the Constitution. These rights are considered essential for the overall development and well-being of individuals.
2. The Right to Privacy:
The right to privacy is not explicitly mentioned in the Constitution of India. However, it is considered as an integral part of the right to life and personal liberty under Article 21. The Supreme Court has recognized the right to privacy as a fundamental right in various landmark judgments, including the Puttaswamy judgment in 2017.
3. Understanding Paternity Tests in Divorce Proceedings:
In divorce proceedings, paternity tests may be conducted to determine the biological father of a child. However, subjecting a child to non-voluntary paternity tests violates his right to privacy.
4. Violation of Privacy:
a. Invasive Procedure: Paternity tests involve collecting DNA samples from the child, the alleged father, and sometimes the mother. This process can be invasive and may cause physical and emotional discomfort to the child.
b. Personal Information: The results of paternity tests reveal personal and sensitive information about the biological relationship between individuals. Disclosing such information without the consent of the child violates his right to privacy.
5. Importance of the Right to Privacy:
a. Dignity and Autonomy: Privacy is essential for protecting an individual's dignity and autonomy. It allows individuals to make personal choices and decisions without interference or judgment.
b. Personal Development: Privacy safeguards an individual's personal development by providing a safe space to explore and express their thoughts, feelings, and identity.
c. Control over Personal Information: Privacy enables individuals to control the collection, use, and dissemination of their personal information.
6. Balancing Rights and Interests:
While the right to privacy is fundamental, it is not absolute. It can be limited or restricted if there is a compelling state interest. However, in the case of non-voluntary paternity tests, there is generally no such compelling state interest that justifies the violation of the child's right to privacy.
7. Conclusion:
Subjecting a child to non-voluntary paternity tests in divorce proceedings violates his right to privacy under Article 21. Protecting this fundamental right is crucial for the overall well-being and development of individuals. The courts should ensure that any infringement on the right to privacy is justified by a legitimate state interest and is proportionate to the objective sought to be achieved.
Community Answer
Courts subjecting a child to non-voluntary paternity tests in divorce ...
Right against Exploitation contains articles prohibiting traffic in human beings and forced labour and employment of children in factories, etc.
- Right to equality aims at promoting equality and protects against discrimination.
- The right to privacy offers protection against activities that seek unwanted and intrusive interference in an individual's personal affairs such as the DNA information of a child.
- Cultural and educational rights are guaranteed by the Constitution to religious and linguistic minority groups in India, to enable them to preserve their distinct culture, language or script.
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Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer?
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Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer?.
Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Courts subjecting a child to non-voluntary paternity tests in divorce proceedings of his parents impedeswhich of his following Fundamental Rights?a)Right to Equalityb)Cultural and Educational Rightsc)Right to Privacy under Article 21d)Right against ExploitationCorrect answer is option 'C'. Can you explain this answer?.
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